I have many stories about many warriors to tell, but there are too many distractions. However, his bid to the Judicial Service Commission has made it more urgent to write about this man; not necessarily about his battles (that will be for another day), but about the man himself – his intellectualism, bravery, and activism.
I need to remind you, dear reader, that not all rebels are in the news. Indeed, because the struggle for a Uganda that works has many fronts – and many, many, dullards – and requires multiple strategies, most warriors are strategically hidden from the public. This is why the call is for everyone to fight in that moment and position in which one finds themselves.
If this means just taking a picture of a public-interest document, and sharing it with other braver folks, that is sufficient. But before I tell you about Mbazira, I need to put our justice system in context. Not too long ago, I sat through a mind-blowing story that captures a core part of the crisis in the justice system: sex, corruption, influence pedalling, absolute unprofessionalism. I will start this story from the beginning.
WHEN JUDGMENTS ARE BUSINESS
I was in a fairly empty, newly opened café in middle-scale Kampala when a physically well-fed brother walked in with a bunch of distraught and famished others. The contrast was unmistakeable. You could tell they were desperately wriggling around him for some superpowers he might have.
From the conversation that was fairly loud for everyone to hear, I would learn that this brother was a court broker. (Everything has brokers in this country). He was helping these desperate members of a divided family – I quickly learned – to win over a land matter that had been recently filed in court. He wasn’t an attorney, but a broker of favourable judgments.
After feeding his clients, the fellow asked to know in which court the matter had been filed. How long ago? He then pulled out his phone, and in loud speaker called the magistrate. She would be heard shuffling through the files on her desk to find the contentious one.
“You know how I do my things,” he said flirtatiously, “hold that file for a while, we need to fix something.”
“But last time you didn’t act as we had discussed,” the lady magistrate gently shot back.
“You know how I do my things; I will come over tomorrow and have all this sorted,” he said, again, gently, flirtatiously.
As you can imagine, dear reader, I was all ears. I could not dare miss a word. After this brother had displayed his authority in this entire matter (directly talking to the judge in the hearing of his clients), he reminded his clients about his cut: “Do not forget, I take 60 per cent of this land. Just make the woman to sign, then leave the rest to me. You will have your judgement in a matter of weeks.”
CRIME BEGINS AT HOME
To our court broker, this conversation seemed so normal that it didn’t matter who else was listening in. That this man only needed to know under which magistrate this file had been lodged was as impressive as it was baffling. I could not imagine how many courts – magistrate or otherwise – where this man had this level of influence, and how many judges were under his spell?
Yes, it was without doubt that these two-judge and broker – were having an affair. Possibly, this broker used his Gaetano powers for extra influence. (Of course, I cannot tell whether he sized up to our big brother, Gaetano Kaggwa).
While we fully understand there are major problems with the justice system, one ought to understand the judges have power inside their individual chambers. Once faced with a case, they have decisions to make, ethical codes to live up to. Their crimes ought to be judged both at the level of the system that employed them, but also at an individual level – especially in non-directly political matters.
Notice that all these judges – for all courts – go through the Judicial Service Commission. While it is true that the JSC has often forwarded names of Museveni die-hards, most magistrates are not only corrupt, but also exhibit terrifying levels of incompetence. Lawyers’ WhatsApp groups are filled not only with complaints about the corrupt judges, but also their sheer ignorance of the law, nervousness, and the acute lack of professionalism. Lawyers say, many judges are unable to write a judgment.
ENTER PROF MBAZIRA
Since we are dealing in matters of law, I need to declare a conflict of interest that this man from Nsinze – now riding on a boda boda across the country – is a distant relative of mine. But here is a man, whose drum deserves to be beaten as loud as possible by those who have met his activism and intellectualism.
Yes, in those rare occasions, one finds themselves related to a brilliant, and incredibly accomplished homeboy. I have listened to Mbazira articulate his promises. They are visionary and consistent with concerns of ordinary Ugandans seeking justice. He has promised absolute transparency in the form of a judicial manual for the entire appointment system, and transparency as regards the promotion of judges.
He has promised evaluation of judges (by the wananchi?) before their next deployment. And promises training young folks before deployment as judges to save many from absolute embarrassment. This approach is non-confrontational, but radical in the sense that it projects a future justice system for a post-Museveni era.
But for me, it is not the things that this man has promised. But the character of the man promising these things. He has pedigree. It is true that this man who founded the Network for Public Interest Lawyers (NETPIL) and Public Interest Law Clinic (PILAC) as a platform for public interest litigation actually has heart for country.
And although these platforms caught the NGO-flu at some point, they remain core to the dream of a reformed justice system. Those who know these things have concluded that these platforms, among other things, crafted the monster rebels in comrades, Isaac Ssemakadde, Eron Kiiza, Adam Ateenyi and many others.
But over and above this man’s accomplishments – as scholar and activist – you can fully appreciate him through his bruising battles with Makerere University: calm, articulate, steadfast, and uncompromising. He could be alone in the JSC with these truths, but this commission will never be the same.
The author is a political theorist based at Makerere University.
