Ssemakadde provoked the attorney general
October 23, 2024
Ssemakadde argued that the ex-officio positions held by the Attorney General and Solicitor General on the ULS Council were outdated and conflicted with the autonomy of the Radical New Bar.
Ssemakadde referenced the Prof Frederick Ssempebwa ULS Report (2012), which had recommended the removal of these positions. He emphasized that Kiryowa Kiwanuka’s ex-officio role on the ULS Council was “manifestly untenable” and accused him of failing to resign from private legal practice while continuing to conduct business with the Government of Uganda through his law firm and select private advocates.
Ssemakadde claimed that this represented a conflict of interest and abuse of office, resulting in the loss of Shs 28.8 billion related to compensation for claimants of land acquired for the Namanve-Luzira 132kV transmission line project.
Ssemakadde also accused Kiwanuka of mis-advising the cabinet and other government agencies, undermining judicial independence. He cited cases in which the attorney general allegedly provided advice that allowed the government to arbitrarily overturn court awards through cabinet decisions, issuing ex-gratia payments instead of honouring court judgments.
He pointed to claims related to war compensation for the West Nile, Acholi, Lango and Teso sub-regions as examples of this interference. Furthermore, Ssemakadde alleged that Kiwanuka interfered in the appointment processes of the Judicial Service Commission and the Law Development Centre, eroding public trust in these institutions.
He also criticised Kiwanuka for imposing a fee to access Ugandan laws digitally, calling it an unconstitutional barrier to justice. In his statement, Ssemakadde accused the attorney general of condoning torture, subverting bail, and allowing civilians to be tried in military tribunals—actions that contradict Uganda’s commitments under international human rights law.
He claimed that Kiwanuka threatened to amend the law to prevent courts from dismissing cases where suspects had been tortured in custody. With the executive order, Ssemakadde declared that Kiryowa Kiwanuka no longer held authority as the head of the bar, though he would remain a member of the Uganda Law Society.
REACTION TO THE EXECUTIVE ORDER
George Musisi, a human rights lawyer, characterized the executive order issued by Ssemakadde as a protest statement. He explained that sometimes actions are taken outside the strict confines of the law when the odds are heavily against you. Musisi likened the move to when the National Unity Platform (NUP) attempted to remove Commissioner Mathias Mpuuga, despite knowing the formal procedures.
“It was a way of disowning him,” Musisi noted.
He emphasized that while the Attorney General is a member of the Uganda Law Society (ULS) by law, any changes to this arrangement would require an amendment to that law. Musisi acknowledged that Ssemakadde likely understands this, but suggested that the ULS president is deliberately choosing an unconventional route to spark debate and provoke a reaction.
“This executive order is a protest aimed at raising the question: Do we still need a government officer as part of the ULS council when the bar association should be independent? That’s the real issue at hand,” Musisi said.
Musisi further explained that the Attorney general’s inclusion on the ULS council is rooted in legislation passed many years ago. He suggested that the bar association would lose nothing by removing the attorney general from the council.
“The ULS is meant to guide and keep the government in check on matters related to the rule of law. Its independence would not be compromised if the attorney general were no longer part of the council,” Musisi stated.
Peter Walubiri, a senior counsel and political analyst, pointed out that this issue is part of a longstanding problem. He noted that the legislation governing the Uganda Law Society should be in line with the ideals of an independent bar that advises and critiques the government.
Walubiri recalled instances where the attorney general, who is a member of the ULS council, filed lawsuits against his own council to prevent certain meetings, highlighting the conflict between his role as a cabinet minister and his responsibility to uphold the independence of the bar.
“The executive order issued by the president of the ULS should be viewed in the context of the ongoing struggle for the bar’s independence in Uganda,” Walubiri said.
Ndebesa, a lecturer at Makerere University, noted that Kiwanuka’s active role in decampaigning Ssemakadde has now resulted in the current standoff.
“If you openly decampaign someone, what do you expect them to do in return? This has become a political issue between the two individuals and their supporters,” he added.
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