By Spy Uganda
The Attorney General of Uganda Kiryowa Kiwanuka has issued a formal statement responding to a recent “executive order” from the Uganda Law Society (ULS) President, Mr. Isaac Ssemakadde, which purportedly expelled the Attorney General, the Solicitor General, and their representatives from the ULS Council. This unprecedented order also questioned the Attorney General’s traditional role as the head of the Ugandan legal bar.
Now, in a statement from the Attorney General’s office, Kiryowa outlined the legal basis to dismiss the executive order as baseless, emphasizing the statutory mandate of his office and underscoring the limitations of the Uganda Law Society’s authority.
The Attorney General clarifies that Mr. Ssemakadde and the ULS lack the legal authority to dismiss the Attorney General or the Solicitor General from the Council. He referenced Section 9 of the Uganda Law Society Act, Cap 305, which specifies the Council’s composition, noting that both the Attorney General and Solicitor General hold ex officio positions that cannot be unilaterally removed by the ULS. The Attorney General further elaborated that, under Article 79(1) of the Ugandan Constitution, only Parliament has the power to amend laws or alter statutory roles, not the president of the ULS or any part of the society’s leadership.
Addressing his status as head of the Ugandan legal bar, the Attorney General pointed to Section 14 of the Advocates Act, which gives the Attorney General precedence over all other advocates. The Attorney General dismissed Mr. Ssemakadde’s efforts to revoke this title as both “comical and illegal.”
Mr. Ssemakadde referenced the 2012 Ssempebwa Report to support his argument that having government officials on the ULS Council presents a conflict of interest. However, the Attorney General countered this interpretation, noting that while the report recommended potential amendments to the Uganda Law Society Act to address participation issues, it was merely an advisory document and did not amend any laws. “The report was a proposal, not a legislative instrument,” the Attorney General stated, adding that Mr. Ssemakadde’s interpretation exaggerated the report’s scope and purpose.
The Attorney General’s statement also addressed a series of allegations from the ULS President concerning conflict of interest, unethical behavior, and interference with governmental and judicial processes. Key points included:
- Private Practice Leave: Mr. Ssemakadde alleged that the Attorney General failed to resign from his private practice. In response, the Attorney General clarified that upon his appointment, he took a sabbatical from his private firm, K&K Advocates, and has not engaged in any private practice while serving in public office.
- Conflict of Interest in Government Contracts: Responding to accusations of self-interest in government contracts, particularly around the Namanve-Luzira Transmission Line Project, the Attorney General explained that his actions were solely in the government’s best interest, facilitating out-of-court settlements to minimize project delays. He stated that the role of K&K Advocates in this case was established before his appointment and therefore does not constitute a conflict.
- Controversial Fee for Digital Law Access: The Attorney General defended the Uganda Law Reform Commission’s decision to charge for digital access to legal documents, noting that both physical and digital copies require a fee, as has traditionally been the case. He argued that the revenue supports ongoing maintenance and accessibility improvements.
- On Allegations of Torture and Military Tribunals: Regarding accusations that the Attorney General condones torture and civilian trials in military tribunals, he firmly denied these claims, reiterating that torture is a criminal offense under Ugandan law. He emphasized that government policy is aligned with upholding human rights standards, including the right to apply for bail, which is constitutionally protected.
In the same statement, the Attorney General expressed concern over what he termed “personal attacks” and “juvenile antics” from Mr. Ssemakadde, indicating that while he found some of the ULS president’s criticisms to be trivial, he would seek legal recourse if necessary to protect his reputation and uphold the integrity of the Attorney General’s office.
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