Chief Justice Bart Katureebe wants powers to sack corrupt judges.
He said this on Friday at the annual general meeting of the Uganda Law Society (ULS) at Imperial resort hotel in Entebbe. Katureebe noted the bureaucracy tagged to dismissing an incompetent judge is the reason the corruption has taken root in the judiciary.
“The Constitution gives only the president powers to dismiss or suspend a judge after a commission of inquiry is set up and it is after a complaint is lodged with the Judicial Service Commission,” he said.
Katuereebe’s view was supported by both the inspector general of government, Irene Mulyagonja, and Constitutional court judge Remmy Kasule. The trio were on the panel that discussed judicial corruption at the event attended by lawyers, judges, deputy Speaker of Parliament Jacob Oulanya, Director of Public Prosecutions Mike Chibita, former premier Amama Mbabazi and Attorney General William Byaruhanga.
Justice Kasule called for the inclusion of the chief justice on the Judicial Service Commission (JSC). The commission’s constitution excludes the chief justice, reasoning that the judges he heads will be independent with no fear of dismissal at any given time if he is not a member of the committee.
“Why can’t the JSC come out and say, look these are the names we have forwarded for recruitment, so that they cannot be changed by a third party?” Kasule asked. “What prevents Parliament from inquiring from the commission whether the names it receives from cabinet are the ones that were recommended?”
MORE REFORMS
Mulyagonja said the country’s judges are among the most corrupt public officials and are putting the rule of law at stake. She proposed more independence for judges.
She said individual judges must be able to make regular judgements even against the state and have immunity against powerful individuals in government.
“We should be looking out to see which judges make unpopular rulings and how many of these rulings are overturned. Judges and lawyers should be subject to disciplinary action by the Judicial Service Commission and this takes us back to how efficient our Judicial Service Commission is,” she said.
LAWYERS WARNED
Lawyers were also warned against abetting judicial corruption by acting as go-betweens of their clients and the judges. They were asked to fight for the rule of law by practicing their profession in an honest way.
“You cannot be a judge unless you have practiced law for about 10 years. Now what will happen if you have been a corrupt lawyer and you emerge as a High court judge?” Katureebe asked.
In a 2011 Transparency International report on worldwide corruption, 46 per cent of global judiciaries were said to be corrupt with Ugandan judiciary among the most corrupt. Lawyers and judges want to bring this down.
“We in Uganda have to take serious steps to have this wiped out from among ourselves. It is crucial that as courts of law and members of the legal profession, we take action,” Kasule said.
As the first step, the ULS, chief justice, director of public prosecutions and the deputy speaker of parliament on Friday signed a judicial anti-corruption compact premised on adherence to the maintenance and protection of the rule of law. This is going to be signed by different lawyers and judges.
It also prohibits legal officers from accepting improper payments and undue influence.
kamogajonathan50@gmail.com