What people say about the intended court ruling amendments by NRM caucus

25 February 2025, 12:36 pm

By Ronald Ssemagonja

Following the Supreme Court ruling on military courts where the judges agreed that it is illegal for a civilian to be tried in military court, justice Catherine Bamugemereire, one of the seven judges, declared the military court a military tribunal lacking the constitutional authority to try civilians. She argued that the structure and procedures of the court-martial violates the principles of fairness and impartiality enriched in Uganda’s 1995 Constitution. She further ruled that when soldiers commit offenses against civilians, they should be tried in civil courts.

It is against this background that the member of parliament for Ajuri County in Alebtong district, Hon. Hamson Obua Denis, wrote to National Resistance Movement (NRM) caucus members to convene and find ways of how they would support the Attorney General’s amendments. “That misconduct by serving military personnel be tried, in the first instance, by the military courts martial, with the right of appeal through the civilian court.” he said.

Additionally, that civilians who acquire specified firearms illegally be used by the military court martial, in the first instance with the right of appeal through the civilian courts. That provisions be made to provide for rights of appeal from decisions of courts, etc.

The National Unity Platform Party President, Hon Robert Kyagulanyi, during the media press conference yesterday at the party Headquarters in Makerere-Kavule, Kampala district, raised concerns why according to him, civilians should not be tried in military courts and encouraged civilians not to allow their legislators to act against their will. “Don’t allow any member of parliament to support amendments that civilians be tried in military courts. We also appeal to the international community to rise to the occasion.” Kyagulanyi said.

Nkunyingi Muwada, the member of parliament for Kyadondo East said it is unlawful. “Our Constitution does not permit parliament to legislate with the purpose of court’s decision on what ruled in the Kabaziguruka case, was that civilians shouldn’t be tried in the court martial. Court martial remains as a tribunal for army and military only. Now the attempted return of the UPDF Act with a view affecting civilians to be tried in court martial; we shall resist it.” He emphasised .

The leader of opposition in parliament, Hon. Joel Ssenyonyi also appealed to NRM members. “My appeal to these colleagues is that observe the law, because article 92 of our Constitution does not allow that you change the law.” he said.

In the same manner, during the briefing, Party supporters; Kinobe Rashid, Bongore Samson, including NUP electoral management committee members, Kayabula Lukyamuzi and Alex Lwanyaga, appeared and confirmed that they were arrested and later released.