Uganda Law Society (ULS) a body whose mandate is to foster , improve access to justice and Administration of justice in the country, has come up and condemned the recent actions of Hon Norbert Mao , the Minister for Justice and Constitutional Affairs.
In the letter dated ,19th March 2024, addressed to the Principal Judge, the Minister directed the Acting Inspector General of Police to restore a pre-existing status quo in a matter which is against the ruling on the same matter by Mbarara High Court.
Mao said that according to complaints he received from the plaintiff, the matter which was filed by Francis Ishanga against Kellen Kalemera and Bank of Baroda for illegally and fraudulent sell of his property located in Mbarara City was not decided in a justifiable manner.
“From the above narrative, its evident that the above matter has ben handled in the manner which doesn’t foster public confidence in dispensation of justice by Mbarara High court circuit.”
He therefore asked the Principal Judge to call the file and examine the propriety of the complaint.
Its from the above background that Uganda Law Society through its President Bernard Oundo has protested the manner in which the Minister is trying to interfere with Judicial Independence as provided for under Article 128 of the Constitution of Uganda.
“It should be remembered that the law of the land is that a court order once issued must be obeyed unless and until it is varied or set aside by the court under the applicable laws of review, revision, appeal, and other similar procedures for correction of possible errors. This fundamental principle applies regardless of whether the order was or was not erroneous.” Remarked Oundo.
He therefore, cautioned the Police and other government agencies against implementing the ‘unlawful’ directive of the Hon. Minister and advise the aggrieved parties to instead utilize the existing legal procedures pertaining to review, appeal and other similar remedies provided for under law.
“As constitutionally mandated, the judiciary should operate independently in Interpreting and applying the law, devoid of any external influence or coercion. Upholding this independence is crucial for the proper functioning of the legal System and the administration of justice.”
He further urged the Judiciary to treat with contempt such letters and communications whose sole aim is to interfere with Judicial independence and continue to make judicial decisions basing solely on the law and evidence presented before them as this is paramount to maintaining public trust in the legal system and upholding justice.
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