An independent and functioning judiciary is one of the key pre-requisites of democracy. And any country that wants to lay claim to that highly contentious notion must at least be able to establish some semblence of judicial institutional authority and to guarantee its autonomy. So when a government openly undermines this authority - as has repeately happened in Uganda- not only does it seriously dent its democratic credentials but also puts into question its commitment to the rule of law. An attack on the judiciary is not only a violation of its powers, but also the constitutional rights of the citizens particularly their access to free, fair and impartial justice. According to the Monitor newspaper reports (see Judges strike over court siege. http://www.monitor.co.ug/news/news03031.php) the Ugandan judiciary on Friday went on a sit down strike protesting what they described as "the repeated violation of the sanctity of the court premises, disobedience of court orders with impunity and the constant threats and attacks on the safety and independence of the Judiciary and judicial officers." This followed a raid on the Kampala High Court premises Thursday, in which a combined force of police and military personnel re-arrested six rebel suspects who had just been granted bail. This latest attack on the judiciary is a replay of a similar drama that occured on Nov 16, 2005 when 22 rebel suspects who had been granted bail were re-arrested by the Black Mamba, who infamously infiltrated court premises on susbequent days, but this time disguised as policemen! At the time, there were just muted protests from the judiciary, wrapped in some poetic expletives from eminent justice James Ogoola. But for the rest of the judiciary, it was business as usual.
In retrospect I cannot help but wonder that perhaps if there had been a much stronger reaction then, there would never have been a sequel. And like all political melodramas, this one could well generate a spinoff prequel, if tougher measures are not exercised on the government for the sake of Ugandan citizens. Government's continued flouting of judicial authority will only serve to worsen the public's ambivalence towards the judiciary's ability to dispense justice fairly. Cases of citizens dispensing their own brand of justice in Uganda, are not uncommon. And time and again, people have been lynched/clubbed or torched to death by a swarm of hungry and angry mobs for crimes as petty as stealing just shs1000 simply because they do not trust the police or the judiciary to effectively do their duties either because they are seen as corrupt or have been compromised by the state. Is it any wonder then that government has the audacity to raid the judiciary a second time. In general, when a precedence has been set, there are chances that it is likely to happen again! The judiciary should have nipped government's impudence in the bud, when it first reared its ugly head in 2005. An apology from government and a commitment not to repeat Thursdays events is an insult to the citizens of Uganda. Surely they can do more than just institute legal proceedings against the security personnel who stormed the premises. Anyone well versed with Ugandan politics knows that those security personnel were only mere messengers, carrying out orders from some well heeled and connected individual much higher up in the pecking order. And the Director of Public Prosecution is obviously not one of those. Despite his high sounding title and matching job description, in reality, he is as POWERLESS as the Vice President Dr Gilbert Bukenya because he can only act within the confines that his master allows him. Baying for his blood is therefore a waste of time.
If the judiciary is to regain some modicum of public respect, it needs to go after the big fish - such as internal Affairs minister or the president himself! Its these officials that should be made accountable and answerable for what happend on black Thursday. As the elected head of the republic of Uganda, his government is constitutionally obliged to protect and uphold the fundamental rights and freedoms of Ugandans. And the judiciary, as the overseer of those rights, needs to be insulated from both overt and covert state intimidation such as what happened on Thursday. What is surprising and at the same time dissappointing, is the almost surreal timid public response to Thursday's events with the exception of Makerere University students. Where is the civil society, if indeed there is one in Uganda? Or are they as corrupt and compromised as some government officials would want us to believe? But what about the development partners? That this should happen only a few months before Uganda is scheduled to host the commonwealth heads of government meeting, is indeed shameful and should not be simply swept under the carpet!
No comments:
Post a Comment