Judiciary mourns death of Justice Mulenga
ANTHONY WESAKA
IN SUMMARY: The former judge, well known for defending journalists rights, succumbed to cancer yesterday.
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Kampala, Uganda.
Justice Joseph Mulenga is dead. The judicial officer and politician who served the bench for nearly half a century lost a battle with cancer related complications, his family and the Judiciary announced yesterday. He died at Nakasero Hospital in Kampala.
Tributes were by last evening pouring in for the judge, who among many other political and legal achievements delivered critical judgements that critically impacted the country’s media and political landscape.
In 2001, Justice Mulenga was one of only two Judges of the Supreme Court to rule in favour of nullification of the election of President Museveni in a petition that was brought to court by opposition candidate Dr Kizza Besigye, who accused Mr Museveni of rigging elections.
In 2004 Justice Mulenga was to write the lead judgement in a ruling that forever altered the media landscape in Uganda in the Charles Onyango Obbo and Andrew M. Mwenda Vs the Attorney General over the constitutionality of the offence of publication of false news.
Landmark judgement
Speaking about this landmark judgement on publication of false news, Dr Peter Mwesige, media scholar and practitioner with years of experience including coverage of Justice Mulenga’s time in the Constituent Assembly which wrote the 1995 Constitution, yesterday said: “In my view, one of the most important aspects of that judgement was the proposition that the application of constitutional protection to false expressions was not to ‘uphold falsity’ but to “avoid the greater danger of ‘smothering alternative views’ of fact or opinion”.
Dr Mwesige noted that the judge was in line with our Constitution, when he “maintained that freedom of expression should only be suppressed where allowing its exercise manifestly endangers public interest. He further said Justice Mulenga rightly argued that unfettered discretion on what constitutes public interest, which the false new provision was purportedly protecting, “opens the way for those in power to perceive criticism and all expressions that put them in bad light, to be likely to cause mischief to the public”.
The Judiciary was saddened by the death of Justice Mulenga, saying it has lost him at a time when they needed him most for his vast experience. “As the Judiciary we received information with profound shock about the death of Justice Mulenga. We are indeed saddened about his death at the time we need him so much for his jurisprudence and experience,” said Erias Kisawuzi the Judiciary spokesperson, adding, “there was a lot to learn from him given his vast experience. He will be missed not only by the bench but by also by the bar.”
Born in the former Kigezi District. He attended St. Mary’s College Rushoroza, in Kabale, St. Leo’s College Kyegobe in Fort Portal and St. Mary’s College Kisubi. He obtained his Higher School Certificate in 1960. He undertook his legal education in the United Kingdom, where he graduated with Bachelor of Law degree at London University in 1965 and was called to the English Bar as Barrister-at-Law by the Middle Temple in 1966.
Justice Mulenga was also a serving Judge of the African Court on Human and People’s Rights, which he joined for a term of six years from 2008. Before his retirement in January 2009, Justice Mulenga was also appointed as a judge at the East African Court of Justice in 2001 for a term of seven (7) years, initially as Vice President of the Court, and subsequently as President of the Court. His legal career spanned 47 years.
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