Seasoned human rights lawyer Ladislaus Kiiza Rwakafuuzi has condemned the increasing militarization of Uganda’s judiciary, warning that it signals a deterioration of the country’s justice system.
Rwakafuuzi, 63, has spent his entire legal career fighting against the trial of civilians in military courts, a practice that has negatively impacted many communities across Uganda. His lifelong efforts were recently recognized by the Uganda Law Society (ULS), which honored him with the Radical New Bar Demilitarization Award for his relentless advocacy for an independent and demilitarized judiciary.
Reflecting on his experiences during the 1971 overthrow of President Idi Amin and the subsequent ‘imposition’ of peace by the National Resistance Army (NRA), Rwakafuuzi expressed his disappointment that the same forces that once restored peace are now undermining it.
“The rebels who ‘ushered’ in peace are now ‘bouncing’ it back. But I am not surprised after all, ushers are also bouncers,” he remarked.
Rwakafuuzi emphasized that justice is founded on legitimate expectations, where individuals who abide by the law should not suffer unjust punishment unless they have committed a well-defined offence.
“You see, legitimate expectation is the bedrock of justice and fairness. A person who takes the right side should not fall into a pit unless they have committed a clearly known offence. The rule of law is based on legitimate expectation,” he said. “Some of the things happening today, I saw them myself when Amin was overthrown in 1971.”
Throughout his career, Rwakafuuzi has represented clients in several high-profile cases. One notable case, Karugaba v. Attorney General, challenged the execution of soldiers who had robbed and killed an Irish priest, Father Anthony, in Karamoja. Rwakafuuzi successfully argued that the executions were illegal since there was no state of war in Karamoja warranting military trials.
Rwakafuuzi also traced the origins of the General Court Martial (GCM) to around 2001, when it was intended to address a post-election crisis caused by the widespread possession of firearms. However, he noted that the government itself had created this crisis. He recalled that the late Gen. Elly Tumwine, the first chairperson of the Court Martial, rightly dismissed some cases that did not belong in a military court, including one where an individual was arrested at a construction site and charged with robbery over a doorbell.
ULS president Isaac Ssemakadde, represented by lawyer Gorreti Nakamya of the Radical New Bar Think Tank, praised Rwakafuuzi’s unwavering commitment to defending the most vulnerable. Despite suffering a stroke, his determination remains unshaken.
Ssemakadde highlighted Rwakafuuzi’s instrumental role in securing justice for Rtd. Col. Dr. Kizza Besigye and his co-accused, who faced charges of terrorism and illegal possession of firearms before the General Court Martial in 2005. Through Rwakafuuzi’s advocacy, Besigye’s case was transferred to the High court, setting a landmark precedent for bail and reinforcing the democratic principle that presidential candidates must be free to campaign without military interference.
“The prosecution of civilians in military courts, enabled by Section 119(1)(g) and (h) of the Uganda People’s Defence Forces (UPDF) Act Cap 330, has cast a dark shadow over Uganda’s justice system,” Ssemakadde stated.
Rwakafuuzi’s persistence eventually led to a significant victory in Michael Kabaziguruka v. Attorney General (Constitutional Petition 45 of 2016), where the Constitutional court ruled that trying civilians in military courts was unconstitutional.
Despite these victories, Rwakafuuzi remains deeply concerned about Uganda’s justice system, particularly in light of the 2021 elections, which were marred by violence and bloodshed. He also recalled the 2001 elections, characterized by widespread electoral malpractice and intimidation.
He criticized the notion that certain weapons, such as star pistols, are exclusive to the UPDF. Citing the case of Hadija Namugerwa, a relative of an accused person he defended in the Court Martial, he argued that pistols can be legally licensed for civilian use.
“When you read the Firearms Act, you find that most of those weapons are licensable including SMG…Of course, there are weapons which are not licensable like for example a tank. That is really the monopoly of the defence force or grenades and that kind of thing. That one on the face of it, is the monopoly of the UPDF go to the court martial and be tried there. But it is really unfair to try civilians in the court martial because that court has been abused and we need to do something about it,” Rwakafuuzi explained.
Rwakafuuzi urged Ugandans to unite in supporting the rule of law and ensuring that legal processes are followed to prevent abuse of power.
His Demilitarization Award comes at a critical moment, as the Supreme court is set to deliver a ruling on January 31, determining whether civilians should continue to be tried in the General Court Martial. The decision stems from a government appeal against former MP Michael Kabaziguruka, who successfully challenged his treachery trial in the military court.