You’re Presiding Over A Prison’s Pipeline,Not Judiciary: ULS President Ssemakadde Inks An Open Letter To The Chief Justice Over ‘Kawukumi’ In Judiciary

You’re Presiding Over A Prison’s Pipeline,Not Judiciary: ULS President Ssemakadde Inks An Open Letter To The Chief Justice Over ‘Kawukumi’ In Judiciary

Posted on 29 November 2024 2
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By Spy Uganda

In an open letter addressed to Hon. Chief Justice Alfonse Owiny-Dollo, Uganda Law Society (ULS) President Isaac Ssemakadde has delivered a compelling critique of the state of Uganda’s judiciary. The letter, dated November 29, 2024, goes beyond mere pleasantries, urging the Chief Justice to confront the growing challenges undermining the judiciary’s credibility and functionality.

Ssemakadde begins on a positive note, acknowledging the Chief Justice’s decision to suspend court activities on December 17, 2024, allowing legal practitioners to attend an extraordinary general meeting of the ULS. This gesture, he asserts, reflects the kind of responsive leadership Uganda needs. However, this commendation quickly transitions into a frank critique of systemic issues within the judiciary, signaling an urgent need for reform.

At the heart of Ssemakadde’s letter lies an alarming indictment of Uganda’s judicial system. The detention of political activist Dr. Kizza Besigye, following his abduction and rendition from Kenya, is cited as a glaring example of unaddressed prosecutorial misconduct. Such incidents, Ssemakadde argues, are not isolated but indicative of a broader malaise within the judiciary — a “police-to-prison pipeline” and judicial decisions that seem to prioritize government interests over constitutional principles.

The Supreme Court’s inefficiency is particularly damning. Ssemakadde points to a staggering four-year delay in delivering judgments on constitutional appeals. According to the Judiciary’s Annual Performance Report, the Supreme Court’s clearance rate stood at a mere 8% in 2023 and 10% in 2024, figures that underscore what he describes as a “systematic erosion of justice.”

Read Ssemakadde’s Full Letter Below; 

Dear Hon. Chief Justice A. C. Owiny-Dollo,

Your decision this week to allow the adjournment of court business countrywide for advocates to attend an extraordinary general meeting of the Uganda Law Society (ULS) on 17th December 2024 demonstrates exactly the kind of responsive leadership Uganda needs. It showed me you understand the living, breathing nature of our legal institutions. I am grateful.

During our rapprochement at your official residence on 1st November 2024, you urged me, in my capacity as ULS President, to always be frank with you. Let me do just that in this missive, be frank with you.

The recent detention of Dr. Kizza Besigye, after his abduction and rendition from Kenya, is symptomatic of a deeper exacerbated malaise. The ubiquity of unmitigated prosecutorial misconduct, a police-to-prison pipeline, and judicial decisions that seem motivated by interests far removed from legal principles. Disturbingly, not isolated incidents, they are a pattern that threatens to define your legacy.

We are facing a judicial crisis that threatens to unravel the very fabric of rule of law in Uganda. Four years have passed without judgment on any constitutional appeal. Four years! According to the Judiciary’s Annual Performance Report, the Supreme Court’s overall clearance rate was 8% in 2023, and 10% in 2024. With great respect, Hon. Chief Justice, this is a systematic erosion of justice!

The Supreme Court’s seemingly passive maintenance of obnoxious injunctions against judgments of the Court of Appeal/Constitutional Court represents a dangerous precedent. It suggests an imbalance where government interests are consistently prioritized over constitutional principles and citizens’ rights. It is a systematic undermining of judicial independence. Each passing month such obnoxious injunctions remain in place, is another month our legal system loses credibility.

By allowing obnoxious injunctions to perpetually delay substantive rulings of the lower court, the Supreme Court is effectively becoming a blunt instrument of governmental strategy, rather than a smart, independent arbiter of justice.

At the beginning of our ULS Annual Rule of Law Week, during active citizen conversations on X, formerly Twitter, on 16th November 2024, in fact, I was asked about what you had said during our rapprochement. Above all else, active citizens demanded accountability for the Supreme Court’s excruciatingly delayed ruling on prosecuting civilians in military tribunals. For many, this grotesque delay symbolizes a profound institutional crisis that demands immediate, unequivocal intervention.

It is a direct assault on human rights that you, Hon. Chief Justice, are morally and constitutionally obligated to address and repair. The responsibility to restore justice rests squarely on your shoulders, a burden that transcends institutional procedure and speaks to the very heart of judicial integrity. By bringing this to you, I am not merely raising a concern, but challenging you to be the catalyst for the systemic transformation our judiciary desperately requires.

As the nation’s top court, the Supreme Court must be our beacon of accountability, our instrument of systemic restoration. The lack of decisive movement in the top court creates a vacuum where justice suffocates.

If the Supreme Court does not set a clear, principled tone in the New Law Year, unavoidable friction is not just possible, it is inevitable. We need more than adjournments, sympathetic ears, and sumptuous luncheons. We need action. A ruling notice. A clear signal that the judiciary will hold itself, and its most senior members, accountable.

The Attorney General, the Director of Public Prosecutions, and judicial officers who have strayed from their constitutional mandate, all must understand that no one is above the scrutiny of justice.

And so, Hon. Chief Justice, I told them, the active citizens participating in the X conversations, that you would soon speak out and up for yourself. I pray that we should not allow the current status quo of institutional malaise to continue.

Your recent willingness to initiate a thaw in our relations even when you were under the weather means more to me than mere protocol. *It speaks to a genuine commitment to dialogue that our judiciary desperately needs. I value the cordial relationship we are building.

It is in this spirit that I am breaking my sick leave to write to you, convinced that you, Hon. Chief Justice, do understand the profound weight of our current moment. Can I be granted at least one plea this festive season — from one public servant to another? Will you help us restore the integrity of our legal system? Will you deal with the Elephant in the Room?

With respect, urgency, and hope, Isaac K. Ssemakadde

PRESIDENT, UGANDA LAW SOCIETY

Kampala, 29 November 2024.

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