By Nelson Wanjala

My Lords!

Allow me congratulate you all upon your appointment and ascendency to the Bench.  For some of you, it may have come as complete surprise; while for rest, it may have been a long held career ambition or goal.  Whatever the case, your elevation to the Bench opens a new chapter in both your private and professional lives.  None of them, as you are well aware, will ever be the same again.  Ugandans and the media in particular, are all watching.  No more late night indiscretions in your local “kafunda” for a start.  No more partisan contributions on “Bimezas”; if Museveni ever allows them back on air again.  From now on, you are not an NRM, FDC, UPC, DP, or a CP supporter.  You are our servants and you derive your authority from us the people; that much is settled in our constitution.

Yours is a calling to national, not partisan service.  Ugandans therefore expect nothing less than total impartiality, professionalism, and above all, integrity from you all now.  The Judiciary has over the years been derided for corruption.  You as the “new breed” [if I may use that much abused “Clintonian” phrase] now have a great opportunity to contribute towards cleansing the Judiciary’s image. 

The integrity of the Judiciary is absolutely crucial in restoring and building the public’s confidence in it.  Granted:  Some of the most uncharitable accusations by Museveni’s government against the Judiciary have not been without a noticeable political tinge; how couldn’t it?  In fact, in most cases, such accusations have only come after the Judiciary has ruled against the government in politically sensitive cases involving one or two opposition parties.  The fact however remains that an unhealthy degree of corruption still exists in the Judiciary and it is that fact that Museveni’s government has hidden behind to throw mud at the entire Judiciary.  The Judiciary must not give anyone in government or in the opposition the opportunity to disparage it.

Finally, we know, and you all know, that some of the Judges you are joining on the Bench are Museveni’s so-called “Cadre Judges”.  In other words, they take some of their instructions not from principles and precedents of law, but from the powerful men and women in the ruling NRM whose interests are far removed from the administration of justice.  So let me serve you “Notice” once again:  The people of Uganda are watching your every move.  No crime committed by absolutely anyone should go unpunished as has been the case in the past. 

It is not for us the lay members of the public to tell you that “judicial activism” is your right as a Judges.  It’s entirely up to you to decide whether or not the justice of the case you are handling demands it.  As the tired old cliché goes, justice must not only be done, but also be seen to have been done.  So we shall be looking out to see how the “Kiboko Squad” thugs are handled in the Magistrates courts.  We shall be looking out to see how election petitions against election thieves are handled.  We shall be looking out to see how you handle the epidemic of torture and human rights abuses by Museveni’s security operatives.  We shall be studying your judgements very carefully to see if they protect the fundamental freedoms of the media, assembly, association, dissent, and the cause of democracy generally.  And we shall also be looking out to see how those who have been accused of corruption in the ”GAVI”, “Global Fund”,  “Temangalo” and “CHOGM” scandals are handled.

My Lords, you ought to have good reason to be mindful of this “Notice”; because history is a much harsher Judge than any of you can ever be.  How about this for an example then:  While the late James Wapakhabulo is dearly missed and remembered for his great and fair stewardship of our parliament, the late Francis Ayume’s name on the other hand, will forever be associated with the disgraceful passing [without quorum] of the Political Parties and Organisations Act 2002.  As for the present Speaker Edward Ssekandi, well, his record, when it is finally written, might even sound worse than Ayume’s; all because the public perception is now firmly settled that he is biased and always favours the ruling NRM-O party that many people think he subscribes to.

The writer is a 3^rd year law student in Germany