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Counsel Rwakafuzi, Dr Bireete speak on supreme court ruling

31 January 2025, 11:31 pm

By Ronald Ssemagonja

One of the most experienced human rights lawyers, Counsel Ladislaus Rwakafuzi, along with Dr Sarah Bireete, has shared their thoughts on the judgment delivered by Justices Catherine Bamugemereire, Mike Chibita, Chief Justice Alfonso Owiny-Dollo, and others.

“I am so happy that the court has finally ruled on this matter, which has taken years. Civilians should not be tried in the Court Martial because they are not army officers. The Court Martial is meant for army officers. So, I am pleased that this practice has been stopped by the court, and I am ready to return to court to defend innocent people,” Counsel Rwakafuzi said.

Lady justice, Catherine Bamugemereire.

Counsel Rwakafuzi and Dr Bireete addressed the media following the Supreme Court ruling, which was delivered by the Chief Justice of Uganda, Justice Alfonso Owiny-Dollo, in Kampala.

“Many people, especially political prisoners, have been tried in the Court Martial, which should not be the case. I am pleased that civilians will now be tried in civilian courts, as ruled by the Supreme Court,” Dr Bireete said.

The court found that several provisions of the UPDF Act, particularly those granting military courts jurisdiction over civilians, contravene key constitutional protections, including the right to a fair hearing. The ruling specifically nullifies Section 117(1)(g) of the UPDF Act, which had allowed military courts to prosecute civilians accused of aiding or abetting service offences.

Counsel Ladislaus Rwakafuzi.

In a landmark ruling, the Supreme Court of Uganda has declared the trial and detention of civilians by military courts unconstitutional, ordering the immediate transfer of all such cases to civilian courts.

“All charges or ongoing criminal trials before the Court Martial, or pending trials, must be dismissed and transferred to the ordinary courts of law with competent jurisdiction,” said Chief Justice Owiny-Dollo in a majority ruling.

All pending cases must be transferred to competent civilian courts. However, the ruling does not overturn past convictions, except in cases where a civilian’s conviction and sentence are currently under legal challenge.

Chief justice Alfonso Owiny-Dollo.

The ruling follows years of delays and mounting pressure from human rights defenders, lawyers, and activists who have criticised the prolonged detention of civilians subjected to military trials. The case was filed in 2021 by Hon. Michael Kabaziguruka, a former Member of Parliament and opposition figure, challenging the constitutionality of trying civilians in military courts. Kabaziguruka himself had faced charges before a military tribunal, sparking a national debate on the fairness and legality of such trials.

Among the civilians facing trial in military courts are opposition leader Dr Kizza Besigye and lawyer Eron Kiiza. Additionally, cases involving UPDF officers accused of crimes that fall under Uganda’s civil law system must be transferred to civil courts with the appropriate jurisdiction.

While the Supreme Court did not declare military courts inherently unconstitutional, it emphasised that their current legal framework lacks adequate safeguards to ensure independence and impartiality. The court urged Parliament and the Executive to reform military court procedures to align them with constitutional and international human rights standards.

The court issued an advisory order to Parliament and the Executive, calling for amendments to the UPDF Act. It recommended several possible reforms, including: Establishing the General Court Martial as a division of the High Court, restricting military disciplinary bodies from imposing prison sentences, assigning qualified civilian judicial officers to military courts to ensure fairness, clearly defining when, if ever, civilians may be tried in military courts, with strict limitations, and implications for Uganda’s Justice System

This ruling marks a significant victory for human rights advocates who have long criticised the use of military courts to try civilians, arguing that such trials often lack transparency and fail to meet the standards of due process. The decision is expected to prompt major legislative changes to bring Uganda’s military justice system in line with constitutional principles.