ULS Elections Committee on the spot following a demand to disqualify some candidates.

A lawyer and member of the Uganda Law Society (ULS) has  demanded that the ULS Elections Committee  disqualify five candidates who were nominated to participate in the election of their representatives to the Judicial Service Commission citing contravention of the law.

In a December 9,2024 petition,  Nicholas Paul Kafuko, an Advocate of the High Court of Uganda, grounded his petition on the provisions of Article 175 of the 1995 Constitution of Uganda, Clause 4.1(v) of the Code of Conduct and Ethics of the Uganda Public Service, 2005 and Regulations 14(3) (e) of the ULS Election s Regulations 2016.

He contended that the named candidates are undeniably ‘public officers’ within the definition of Article 175 of the Constitution of the Republic of Uganda.

Those affected are: Dr Anthony Conrad Kakooza a senior Lecturer and Head of Commercial law at Makerere University School of law,  Paul Mukiibi (Head of Department of law reporting, research and law reform at the Law Development Centre, Dr Atim Patricia P’Odong a senior Lecturer at Makerere University School of law, Mr Milton Fred Ocen a member of the National Building Review Board and prof Christopher Mbazira a professor at Makerere University.

He states that it is not a plea but rather a demand for the application of the law.

He said: “To ignore these disqualifications would be a flagrant abdication of your duty to protect the credibility of the executive order number 2 of 2024, the Radical New bar, the ULS electoral processes and its representation at JSC.”

“Allowing individuals whose election to the JSC openly contravene the law is not only a legal failure but a betrayal of our collective agenda to uphold the integrity and credibility of the ULS representation at the JSC and the effort to ensure transparency and legality in the nomination of ULS representatives at the JSC,” reads complaint.

He warns that it is not time to repeat the sins of the past where the laws were not considered.

“For too long, loopholes and weak enforcement of existing legal provisions have eroded the credibility of the JSC. How can we, as members of the legal fraternity, entrust its stewardship to those whose nomination is already under legal and ethical clouds? Two wrongs will never make a right,” he warns.

While citing the law, the petitioner alleges that the nomination of the five persons calls for truth, accountability, and the uncompromising application of the law.

On December 3, 2024, the Uganda Law Society Chairperson for Elections Committee issued a list of nominated candidates to participate in the ULS elections for representatives to the Judicial Service Commission.

Other nominated candidates are Shamim Amolo, Kanduho Frank Rwabosy, Elison Karuhanga, Denis Kusasira, Mbabaali Nabulime Mariam, Nabuuso Diana Katimbo, Omongole Richard, Rezida Alex and Ruyondo Edison.

Kafuko contends that as a fully paid up member of the ULS for the year 2024, his demand is in line with the Executive Order RNB No. 2 of 2024, the Radical New Bar president emphasized the ULS’ commitment to upholding the rule of law, promoting democratic principles within the organization and advocating for a just and accountable judiciary.

In the Executive order, the ULS president emphasized that the impending radical surgery of the judiciary and the process of the nomination and appointment of ULS representatives shall ensure clear and transparent procedures for shortlisting, participatory vesting and appointment including robust public scrutiny and accountability mechanisms.

The law

Article 175(a) of the Constitution defines a public officer as a person holding or acting in public service while Article 175 (b) defines public service as service in  any civil capacity of the government the emoluments for which are payable directly from the consolidated fund or directly out of the monies provided by Parliament.

Regulation 14 (3) (e ) of the Uganda Law Society (Elections) regulations of 2016 provides that a person qualified for nomination as a society representative if he or she is not otherwise disqualified under any legislation in force in Uganda.

“This requirement is not merely a suggestion it is the cornerstone of our electoral integrity and a shield against the persistent systematic decay in the nomination and appointment of ULS representatives to the JSC,” reads the demand.

It should be noted that the ULS Elections Committee disqualified Phiona Wall on grounds that she didn’t possess the requisite 15 years’ experience as an advocate, having enrolled in 2010.

We shall wait to see whether the ULS Elections Committee will uphold the law in line with the mandate of the New Radical Bar, whose president Isaac Semakadde is a vocal and reknown rule of law Advocate.