Congratulations, Kiryowa Kiwanuka SC, on your appointment as Minister of Defence and Veterans Affairs.
As Attorney General, yours has been a consequential innings. Much good has been done and much credit is owed to you.
We ask that as you hand over to your successor, you include the following unfinished business.
The Kabaziguruka decision must be urgently and fully implemented. On January 31, 2025, the Supreme Court directed the transfer to the civil courts of all civilians facing trial in the court martial, and necessarily, the release of all persons convicted by the court martial who were challenging their convictions.
More than one year later, no account of compliance has been given and dozens still languish, trapped in legal limbo.
Enforced disappearances: one ministry must own this. At a recent Uganda Law Society (ULS) function, you and former Minister of Internal Affairs Kahinda Otafiire traded blame for failure to account to the families of victims of enforced disappearances.
That public disagreement, in front of the legal fraternity, was itself an indictment. Ugandan families are waiting. The family of Sam Mugumya is waiting. ‘Not my docket’ is not an answer.
We add to this Uganda’s dismal record on torture and safe houses, on which you had a tough time before the UN Committee Against Torture (CAT) in Geneva in November 2022.
Uganda’s third periodic report to CAT is due this year. We await an official account of what happened to Eddie Mutwe.
Unresolved constitutional and electoral reform. The recommendations of the Supreme Court since as early as 2001, regarding transparent tallying processes, militarisation of elections and effective sanctions for electoral offences, all remain unresolved.
The ULS leadership crisis must be resolved, not managed. There is a governance crisis affecting lawyers and, importantly, the appointment of judicial officers.
The AG’s office, as the ministry responsible for the legal profession, cannot be a passive observer of this dysfunction.
Settlement of court judgments against government must be expedited. While the Auditor General acknowledges a substantial reduction in unsatisfied judgments, the balance of Shs400 billion is still unacceptable. The Protection of Sovereignty Act: A constitutional test is urgently required.
We commend your massive and rapid work responding to objections to this law. However the Act still carries provisions whose compatibility with Articles 29, 38, and 40 of the Constitution is doubtful.
There is an urgent and critical need for a full consultative review both for guidance to the market and also to avert unnecessary litigation in the Constitutional Court. The regulations to implement the Act should be passed urgently.
The operation of Patriotic League Uganda (PLU) under the leadership of Gen Muhoozi Kainerugaba violates the Political Parties and Organisations Act (Cap. 178) (PPOA) To the extent that PLU acts as a political organisation under the PPOA, its leadership by Gen Muhoozi is a breach of the PPOA.
This Act expressly prohibits a member of the Uganda People’s Defence Forces (UPDF) from being a founder, promoter, or member of a political organisation; holding office in a political organisation; or engaging in canvassing in support of a candidate standing for public election sponsored by a political party or organisation.
The recent speakership race and the roll of the PLU says it all. Allocation of Nakivubo Channel to Ham Enterprises is a violation of the Constitution and should be reversed.
Article 237(2)(b) of the Constitution places in public trust all lands preserved for ecological purposes.
The allocation of the channel is a breach of the Constitution, and the building over it is an environmental disaster, as has already been seen in recent flood incidents in downtown Kampala.
It is unacceptable for the Government to use taxpayers’ monies to make good damage done by a private individual.
It is also the highest order of hypocrisy for government to demolish shacks and shanties in Lubigi swamp while ignoring the construction over Nakivubo Channel. Nobody is above the law.
The Advocates (Senior Counsel) Regulations need to be revamped: As mentioned at the burial of Peter Mulira, the revamping of the Advocates (Senior Counsel) Regulations to ensure a process that is fair, transparent and profession-led is overdue.
Mulira practised law with distinction for over five decades and died without being conferred the title. This is a symptom of a broken process.
All the best in your new posting, keeping foremost as always, that you hold public office in trust for the people and that as an advocate, it is fidelity to the law that comes first.
Edward Kato Sekabanja, Paul Mukiibi, Ronald Samuel Wanda, Kato Tumusiime, Henry Onoria, Mafabi Shaidu, Lillian A. Drabo, Peter Arinaitwe, Amanya Timothy, Sarah Bireete, Eron Kiiza, Anthony Odur, Yvonne Mpambara and Phillip Karugaba