Concerns raised over male police searching women, PWD justice barriers

Concerns over access to justice for Persons with Disabilities (PWDs) and the controversial circumstances under which male police officers search female suspects dominated discussions during the first-ever Court Open Day at the Law Development Centre (LDC) Court in Kampala on Tuesday.

The landmark event brought together judicial officers, police commanders, legal practitioners, and court users to dissect systemic challenges within the justice system.

The debate sparked intense interest when Ms. Joan Kalungi, a participant, questioned the boundaries of police body searches.

“Are male police officers allowed to check women all through their bodies?” Ms. Kalungi asked, drawing loud applause from female attendees.

Responding to the concern, the Wandegeya Division Police Commander, Superintendent of Police (SP) David Ndawula, clarified that while standard police procedures strictly mandate female officers to conduct body searches on women, emergencies alter the rules.

“Ordinarily, it is a female police officer who is supposed to search or arrest a female suspect. However, if a female suspect is armed, a male police officer can intervene,” SP Ndawula explained. “I will not stand there and just raise an alarm simply because I am a male police officer.”

The forum also put a spotlight on the marginalization of PWDs in legal corridors. Mr. Isaa Kiyinzi, the chairperson of PWDs in Makerere-Kivulu, shared a frustrating ordeal where two deaf litigants failed to get justice at the Buganda Road Court due to the lack of a sign language interpreter.

“Our case hit a wall after failing to get a sign language interpreter,” Mr. Kiyinzi narrated. “So as PWDs, how are you going to help us access justice?”

The Chief Guest, Judiciary Chief Registrar Agnes Alum, reassured the public that the Judiciary possesses internal mechanisms to accommodate PWDs, urging litigants to notify court administration ahead of time.

“As the Judiciary, we have services for persons with disabilities and whenever there is a need to use them, notify us and they will be made available,” Ms. Alum said.

Beyond individual rights, Ms. Alum used the platform to highlight major structural reforms aimed at aggressive case backlog reduction.

She revealed that recent amendments to the Magistrates Courts Act have vastly increased the financial limits (pecuniary jurisdiction) of lower courts. This shift allows magistrates to handle high-value civil disputes that previously choked the High Court system.

“The effect of this is that several cases now in the High Court shall be moved for disposal to the magistrates’ courts, which are more geographically accessible and have more judicial officers,” Alum explained.

The Chief Magistrate of the LDC Court, Mr. Timothy Lumunye, championed his station as both a high-performing legal institution and a vital practical training ground for Bar Course students from the adjacent Law Development Centre.

“The magistrates and state attorneys at the LDC Court serve as points of reference for Bar Course students during training,” Mr. Lumunye said, adding that the court is exceptionally efficient, with only 58 cases currently classified as backlog.

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