UGANDA: Lawyers demand commission of inquiry on corruption in judiciary

By EMMANUEL GYEZAHO

Incensed by what they describe as “deep-seated malaise” of the country’s justice system, Ugandan lawyers have implored the government to constitute a commission of inquiry “as a matter of urgency” to investigate corruption in the judiciary and legal profession.

The decision is part of a raft of recommendations to address problems in the administration of justice, delivered on Tuesday by the Uganda Law Society (ULS) following an extraordinary general assembly.

The decision comes in the midst of concerned public discussions about the extent to which corruption has eaten into the fabric of Ugandan society with public sector graft scandals, most recently the saga in the Office of the Prime Minister, informing much of that debate.

ULS Vice President Steven Musisi said lawyers at a special meeting on November 8 noted with concern “evidence of inefficiency, incompetence and corruption in the judiciary and unethical conduct by members of the Bar” before concluding that a commission of inquiry be set to investigate and recommend “appropriate reforms and actions.”

The government said it had received the recommendations from ULS and would study them before a decision can be taken. “I appreciate the concerns raised and we as the Executive shall do our best to address them,” said Deputy Attorney General Freddie Ruhiindi. “But it is not that some of them [concerns] are coming to us for the first time.”

Mr Ruhiindi said “part of the concerns” from ULS, such as a complaint about a backlog of cases due to the government’s failure to fully constitute the Court of Appeal and Supreme Court, “are in high gear being addressed.”

Vacancies:

“There is every effort now being made to ensure that we fill vacancies in the Judiciary,” he said. “That process [of appointing judges] is in its advanced stages and most interviews have been conducted particularly for the Court of Appeal.”

The Supreme Court has not sat in about two years to hear any constitutional appeals due to lack of coram despite a backlog of 16 cases. Coram for the court is seven judges but there are currently six judges, two of whom, including Chief Justice Benjamin Odoki are due to retire.

Speaker Rebecca Kadaga admitted that she would have no objection to creation of a commission of inquiry “provided the recommendations get implemented and their findings get published.” “Many commissions of inquiry have not had their findings and recommendations published,” she said.

ULS also recommended that government “immediately” issues guidelines to all its agencies to respect decisions of court or impose sanctions on those who do not, a decision inspired by lawyers’ concerns about how the exercise of judicial powers is continuously being undermined or defied by political appointees including RDCs and security organs like the police.

The lawyers also expressed concern about poor remuneration of judicial officers despite operating in “very expensive rented buildings.”

Source: Saturday Monitor (01/12/2012): http://www.monitor.co.ug/News/National/Lawyers-demand-commission-of-inquiry-on-corruption-in-judiciary/-/688334/1633666/-/10v2c8gz/-/index.html