Once in a while, the slaves broke their chains. This would be one of the many, many times they would have tried before the gates of freedom finally opened.
These scattered moments of knocking and knocking finally accumulated into one big fall. It was difficult to miss this image of enslaved people attempting once more to break free from the chains of bondage and scream freedom when the Uganda Supreme court read that judgment that ditched Museveni’s military tribunal.
These men and women – appointed, and thereby controlled and enslaved, to the service of the master Yoweri Museveni –were expected to find arguments to keep the master’s tribunal. Yes, if the master is sick, we are all sick. There will always be those arguments. But this time, these slaves (forgive me dear justices – because we all are, slaves) chose to gamble with freedom.
I have heard whispers that it was a negotiated judgement. Even if Justice Alfonse Owiny-Dollo and team negotiated this with Master Museveni to read their judgment, they ought to be credited for their negotiating prowess.
Yoweri Museveni does not have to respect the judgement. It wasn’t his judgment. He is in the evening of his career – but the country might have another set of gangsters, interested in running another military tribunal by another name. Now we have a judgement on the books.
Thus, on the one hand, this was a judgement for the future of the country taking lessons from a soon-to-be former president, called Yoweri Museveni. On the other, it was a judgement for the bench: for the judiciary itself whose integrity has been eroded over the course of time.
One thing is for sure true, in respecting or disrespecting the judgment, Museveni loses. As showed in the contemptuous letter penned a day after the judgment, Museveni’s coveted façade of a rule-of-law-abiding president will be terribly dented. He loves this façade so much, as it guarantees him the claim of democracy – very necessary for his colonial backers in the Western world.
If he does respect the judgement, it will mean freedom for the country – and dissolution of the military tribunal. See, Yoweri Museveni has crafted a false but beautiful image of himself as a democrat, while behaving like a clear-cut autocrat.
There are many men like him on the continent – and the Western world has no qualms with this state of affairs as long as it is sustained without major incidents. For this façade to be complete, Bwana Museveni has had to conscript all other units into this game: parliament, police, prisons, the court military martial, the attorney general office, the judiciary itself and several others – all have to appear to be couched in law and constitutionalism.
What has happened with this Supreme court judgment is that a core unit – one of the arms of government –decided to break these chains. While the chains remain fully in control, they have been badly destabilised. The network is now shaky and disjointed. They are in absolute pandemonium.
They don’t know how to proceed. I can imagine the attorney general, comrade brother Kiryowa Kiwanuka running helter-skelter – like a headless chicken – trying to figure out the next “democratic” move. No wonder he has chosen silence to read and read the mood.
In other words, to consult with the master himself. Gen Freeman Mugabe is in the same place: confusion. Freeman and Kiryowa Kiwanuka – also enslaved people needing our kindness – fully understand what their octogenarian master thinks. But how to navigate around this judgment – democratically, constitutionally – has left them scratching their heads.
Look, this was the Supreme court – the uppermost court. Against the above, let me return to a position I have spelled out in these pages before: Brother Yoweri Museveni has to give Uganda a chance when he still can. In this judgment – issued by men and women he himself appointed – one sees a country, through its best brains, trying to redeem itself: a country trying to reconstitute and rejuvenate it self by returning to the rule of law.
But sadly, they are being held behind by one old man, Yoweri Museveni. If the positive reception and ululation that greeted the judgement is anything to go by, Museveni ought to appreciate the absolute goodness of Ugandans – the ease with which they forgive, and embrace.
Chief Justice Owiny-Dollo has not been a loathed fellow by many Ugandans, especially folks in the justice system itself. In fact, as a renowned NRM cardre, with difficult run-ins with other justices, we didn’t expect much except seeking to sustain the regime.
But by one single judgement – without bulldozing colleagues on the panel as before – brother Owiny-Dollo’s public persona and image are on the high road to absolute revival. He has been called a hero already! That is how desperate we are.
Dear reader, I perfectly understand Museveni’s fears and worries should he leave the presidency to an angry opposition activist, or a dullard from his own party. He fears undergoing harassment in old age, jail or even the death penalty – after trial in his own court martial. What irony!
Our brother ought to understand that death in office is recipe for disaster for himself, family, clan and friends. Our brother ought to understand that there is chance to end like a statesman, by just one single move: standing aside, and giving Uganda a chance to a civil democratic return.
While he still can.
The author is a political theorist based at Makerere University.
Thanks Dr., Dr. Yusuf,
Indeed the Supreme Court judicial humiliation of our 80-year-old, one foot in the grave “Problem of Africa” is worth celebrating and historically something to remember in the Annals of the political and judicial history of this country .
In other words, the man sadistically loves to, not only humiliate especially those like Dr. Besigye; who are intellectually, ethically and morally better than him, but criminalize them as well.
As if he is the one who personally pays their salaries emolument and/or Pension; by the mere fact that they (Judges) are appointed and also lambasted by self-evident and confessed criminal, am sure these Judges feel humiliated.
Just like Hosni Mubarak of Egypt and Omar Al Bashir of the Sudan were being brought to the Courts in cages; I wish Gen Tibuhaburwa and his son’s fears come true: To be brought to the Courts, caged like wild animals and the people whom they terrorized cheer and jeer.
Doc, to me, this so called landmark judgement has come too late to restore the rule of law or democracy as we know it. In order to have democracy, a nation must have rule of law. Uganda is a lawless country, thus undemocratic. That’s evidenced in the fact that, as a hardcore organized criminal M7 led his militants into the bush war, which led them to capture our state by means of the gun and violence. M7 has never believed in the rule of law or democracy. Never have, never will.
M7 wasted no time after that ruling to show his disagreement with it, and emphatically that, “Uganda is not ruled by judges.”
It’s Owiny Dollo who defended M7 when he rigged the 2001 elections. It was Owiny Dollo who ruled that it was lawful for M7 to lift the age limit from the constitution, so that M7 could rule for life. That’s amongst many Dolo’s shenanigans which have plunged our nation into lawlessness and lack of democracy. So, that ruling didn’t change anything because M7 has refused to comply with it.
M7 clearly stated that he is going to introduce an amendment to the constitution to include militant courts to try civilians so that his judges don’t get confused again in future.
Also, Kyagulanyi aggravated the matter when he assured the world that there’s democracy in Uganda, thus rule of law.
So, don’t be surprised when M7 brings an amendment to the constitution tomorrow and keep Besigye and others in detention until the amendment is passed by parliament.
Just wait and see.
Quote :
” Justice Owiny-Dollo has not been a loathed fellow by many Ugandans, especailly folks in the justice system” by Yusuf Sserunkuma
I wonder which many Ugandans Yusuf had in his mind when he arrived at this conclusion . Right here , I have not seen any comment from any one that is indicative of the narrative that Owiny-Dollo is not a loathed fellow.
Does Justice Kisaakya agree that Owiny-Dollo is well respected in the justice system ?
I am writing this comments soon after listening to the man . Once again , Owiny -Dollo lost his composure and annonced that ” I am the one who said that Ssemakadde will not speak” This is exactly what he does . He is a primitive village man with a lot of power.
Okey , Ssemakadde might have crossed the line when he insulted one member of the justice system . That case is before the courts . How then does Owiny Dollo take over the responsibility of the court and begin to silence the “suspect”? Which law allows one man to be tried by two different courts for the same offence ?
Whether Owiny-Dollo likes it or not , Ssemakadde holds an Office that clears him to represent members of the fratanity he heads.