Four Justices of the Supreme Court, Monica Mugenyi, Catherine Bamugemereire, Elizabeth Musoke and Percy Night Tuhaise have ruled that the military courts are not independent courts of judicature that can fairly dispense justice.
In their ruling, the three justices point out the way the judges of the military courts are appointed, their lack of legal background and the security of their tenure as not enough to guarantee independence.
In her ruling, Mugenyi said the military courts should also be subject themselves to principles of fairness, impartiality and transparency. She says the GCM is composed of people who are appointed by the Head of State whose qualifications in law issues are not known but have qualifications in military service, therefore to her, this renders them not independent.
She therefore dismissed ground two of the appeal by the Attorney General that alleged that these courts are independent. Her findings are similar to those of Musoke, Bamugemereire and Tuhaise who also ruled that because of the lack of independence and the fact that military courts are not subordinate courts to civilian courts and that they were created to try only service offences, they are unconstitutional.
However, Mugenyi ruled that military courts can try civilians for as long as they aid and abet a serving military officer to commit service offences.
Mugenyi stated that people who aid and abet the crime should be criminally liable and joined together that’s what the law says. “Criminal culpability is sufficient to allow trial of civilians in the court martial. The prime offender though should be a person in military service,” Mugenyi held.
Reading of the judgement is still ongoing. The Chief Justice, Alphonse Owinyi-Dollo, Mike Chibita and Faith Mwondha are yet to pronounce themselves on the legality of some UPDF Act that allow the trial of civilians in military courts.
