By Frank Kamuntu
The Minister for Justice and Constitutional Affairs, Hon. Nobert Mao says the public should not be misled that the recent Supreme Court ruling was an order for release of civilians being tried under the General Court Martial.
“The Supreme Court did not issue a release order; they said bring the prisoners to the proper court. It did not hear the cases; so how could it determine them? We should not excite the public that it should be a release,” said Mao.
The Justice Minister made the clarifications to the House chaired by the Deputy Speaker, Thomas Tayebwa on Thursday, 06 February 2025.
Mao reiterated that the 31 January 2025 ruling, in which the Supreme Court outlawed trial of civilians in the General Court Martial is ‘homework’ for lawmakers.
“The Supreme Court simply raised the flag and said you have crossed the line. If the court says the Uganda Peoples Defence Forces Act collides with the Constitution, then we have homework to do,” he said.
The minister argued that it is not the first time the courts are throwing out laws citing the Police Act, among others.
To allay MPs’ concerns on the delayed implementation of the court ruling, Mao said the responsible government authorities are taking action.
“Concerning implementation, the courts do not implement their own decision. I do not know whether court orders were extracted but there are procedures to be followed to transfer cases to the civilian courts,” he added.
He castigated those attacking the prisons authorities for the delayed transfer of civilians facing trial in the General Court Martial, advising that the role lies with the Directorate of Public Prosecution (DPP).
Legislators tasked Mao to clarify and name the offices or individuals charged with implementation of the Supreme Court ruling.
“He said that all entities which are supposed to work on the court ruling are doing their part but he left us hanging. Who is doing what? What is exactly happening?” asked the Leader of the Opposition, Hon. Joel Ssenyonyi.
Ssenyonyi expressed concerns over remarks by the President and the Chief of Defense Forces (CDF), Gen. Muhoozi Kainerugaba about the ruling in which he sought clarity.
“The head of the Executive said the court made an error. I have been watching events in Kyotera [Tarehe Sita celebrations], the CFD said what the Supreme Court ordered is problematic, and that they are going to discuss it in the High Command. Complete that update on who is doing what,” Ssenyonyi said.
Kalungu West County MP, Hon. Joseph Ssewungu questioned the legal arrangement under which civilians who are on trial before the court martial are being held after the ruling.
“As the Minister for Justice what is your role in this? This is not media drama, these are legal issues, people are in prison but under which legal regime are they being held?” Ssewungu asked.
The Deputy Speaker said he had obtained information that the legal team of Dr Kiiza Besigye’s who is being tried in the court martial has applied for habeas corpus, a legal principle that protects one from unlawful detention.
“Lawyers are taking action; why can’t we let them proceed? Let the law take its course. The parties to the case are already moving, let us give them a chance,” Tayebwa said.
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