12^th-18^th July 2010

The impending prosecution of former Buganda Katikkiro [Prime Minister] Joseph Mulwanyamuli Ssemwogerere for allegedly contravening the country’s social security law has in the last week become the hottest topic for discussion among Ugandans.  Like many law abiding Ugandans, we hope that this is “prosecution” and not “persecution”.NSSF’s Public Relations manager Victor Karamagi said that a warrant of arrest had been issued by the Chief Magistrate’s Court in Masaka following Mulwanyamuli’s failure to remit NSSF contributions for his employees despite several reminders.  If that is indeed the case, then Uganda Correspondent certainly supports the prosecution in the strict spirit of upholding the rule of law in our country.

The ex-Katikkiro himself, however, seems convinced that there is foul political play behind the NRM government’s sudden interest in pursuing him through the judicial system.  He is reported to have said at press conference that, “…someone will ask: why now? Even if I had a case why did they wait after I decided to join the IPC?  I am inclined to conclude that the reason for hunting me is not because I have broken the law but because of my political views. The leaders of this country felt uncomfortable ever since I decided to join forces of change”.

We hope he is wrong.  But, if his allegations have any substance at all, however little, then it would be a very sad development for our country.  We would certainly condemn it in the strongest possible terms and in fact implore all Ugandans to do the same.  Needless to say, a scrupulous adherence to the rule of law lies at the very heart of the foundations for national stability and pride.  Without it, anarchy reigns and shame engulfs us all.  So as Ugandans, we must at all times be prepared to stand up, oppose, and defend constitutional rule in our country in whatever way possible.

Article 3[4] [a] of our constitution says “All citizens of Uganda shall have the right and duty at all times……to defend this constitution and in particular, to resist any person or group of persons seeking to overthrow the established constitutional order…”

Clause [5] of the same article [3] then absolves all who will have done “all in their power” as required by 3[4] [b] to restore constitutional order from any criminal responsibility.  It says, “Any person or group of persons who, as required by clause [4] of this article, resist the suspension, overthrow, abrogation or amendment of this constitution COMMITS NO OFFENCE”.

Clearly, the supreme law of the land would be on our side if we resisted any form of abuse of law by either the ex-Katikkiro of Buganda Joseph Mulwanyamuli Ssemwogerere, or the NRM government.  We sincerely hope that the NRM government, through its intended prosecution of the ex-Katikkiro of Buganda, is not abusing the established constitutional order to further its own selfish political objectives.  The consequences, we warn, would be dire if that were the case.