Failure to enforce court rulings threatens 2026 polls – Buteera

Former Deputy Chief Justice Richard Buteera has warned that failure by the Executive and Parliament to implement court rulings poses a serious threat to the credibility of the 2026 General Election.

Speaking in Kampala on Tuesday at the launch of the first Public Interest Litigation Compendium, Justice Buteera stated that the continued disregard for judicial decisions undermines the rule of law and erodes public confidence in the Judiciary.

‘Courts take decisions, but their mandate stops there. Implementation lies with Parliament and the Executive,’ he said. ‘When recommendations from cases such as the Amama Mbabazi presidential petition are ignored, it weakens the Judiciary and the protection of citizens’ rights,’ he added.

The retired jurist, who left office in April after turning 70, cited the Supreme Court’s recommendations following the 2016 Mbabazi vs Museveni election petition as a key example of reforms that remain unimplemented.

The court then proposed over 10 measures to strengthen Uganda’s electoral system. Among them were extending the period for filing and determining presidential petitions from 30 to 60 days, allowing oral testimony in addition to affidavits, increasing the time for fresh elections from 20 days, and enacting a law to regulate technology use in elections.

Other proposals included sanctions for state officials who deny equal airtime to candidates on public media, banning campaign donations by all candidates-including a sitting president-to ensure a level playing field, and prohibiting public officers from participating in political campaigns.

Almost a decade later, Justice Buteera noted, these reforms have not been acted upon. ‘Courts can strike down unconstitutional laws and provide remedies, but their role ends at judgment. Non-compliance affects us all; we must respect court decisions and ensure the Constitution is adhered to,’ he said.

He urged petitioners to return to court and seek enforcement orders whenever judgments remain unimplemented. Justice Buteera, who now heads the Judiciary’s Mediation Programme, warned that the trend of ignoring court orders ‘undermines judicial authority and weakens democracy,’ especially as the country prepares for another election cycle.

At the same event, Ms Pheona Nabasa Wall, the executive director of the Fidelis Leadership Institute (FLI), said the new compendium aims to make public interest litigation more accessible to citizens.

‘It is written in simple language and will be translated into four major local languages so that Ugandans can understand their rights, hold government accountable, and advocate for marginalised communities,’ she said.

The 24-case publication, titled ‘Compendium of Public Interest Litigation (PIL) Case Decisions in Uganda, 1996-Present,’ was compiled by FLI in partnership with Konrad Adenauer Stiftung (KAS). It features landmark cases such as Susan Kigula vs Attorney General on the death penalty, Andrew Karamagi and Robert Shaka vs Attorney General on freedom of expression, and Michael Kabaziguruka vs Attorney General on military justice.

Justice Buteera hailed the initiative as a valuable reference for citizens, scholars, and policymakers seeking to understand how the courts have shaped constitutional governance in Uganda.

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