Deputy Chief Justice Moses Kazibwe Kawumi has urged Ugandans, particularly justice institutions, to uphold the principles of justice, judicial independence and the rule of law for which the country’s first Ugandan Chief Justice, Benedicto Kiwanuka, paid the ultimate price.
Justice Kawumi said remembering the late Chief Justice should go beyond an annual commemoration, urging the Judiciary and other institutions to ensure that his values continue to guide the administration of justice.
‘As we commemorate Justice Benedicto Kiwanuka, we remember a Chief Justice who stood firmly for justice and the rule of law, even at enormous personal cost,’ Justice Kawumi said on Tuesday during a press conference ahead of this year’s memorial lecture slated for Wednesday.
‘The greatest tribute we can pay him is not simply to remember his name once a year. It is to ensure that the values he represented continue to shape our institutions and the administration of justice,’ he added.
Justice Kiwanuka, Uganda’s first black Chief Justice, served from June 27, 1971 until his abduction from his chambers at the High Court on September 21, 1972, by President Idi Amin’s soldiers.
He was never seen alive again.
Justice Kawumi said Kiwanuka’s legacy should be reflected in an independent Judiciary, respect for lawful court decisions, protection of fundamental rights and a commitment to equal access to justice.
‘His legacy must live in an independent Judiciary, in respect for the rule of law, in the protection of rights and, above all, in our commitment to justice for every person,’ he said.
He said justice for all should not remain an abstract principle but must be experienced by court users in their everyday interaction with the justice system.
Justice Kawumi said this means ensuring that people can obtain accurate information, understand court processes, receive fair treatment and have their cases handled within a reasonable time.
One of the cases that cemented his reputation for judicial independence involved British businessman Daniel Stewart, who had been detained without trial.
Justice Kiwanuka granted a writ of habeas corpus despite opposition from the government, affirming the courts’ duty to protect individual liberty and underscoring the principle that the Executive could not dictate to the Judiciary.
Justice Kawumi said the lessons from Kiwanuka’s life remain relevant to Uganda today.
‘In practical terms, this requires us to preserve the independence of the Judiciary and respect lawful court decisions; administer justice impartially and without fear or favour; protect fundamental rights and freedoms; treat every court user with dignity and respect; reduce delays and make justice services easier to understand and access; and demonstrate integrity and courage in the exercise of public responsibility,’ he said.
National legacy
Justice Kawumi said the Kiwanuka story should not be viewed as belonging exclusively to judges and lawyers but as an important part of Uganda’s national history.
‘The principles he defended protect every citizen and sustain confidence in public institutions,’ he said.
He said the commemoration was particularly important for younger generations because it provides an opportunity to learn about Uganda’s judicial history and understand the sacrifices made in defence of constitutional values.
The annual commemoration is associated with September 21, the anniversary of Justice Kiwanuka’s abduction.
However, this year’s Benedicto Kiwanuka Memorial Lecture will be held on September 16 under the theme: ‘Justice for All: Carrying Forward Justice Ben Kiwanuka’s Vision.’