L-R: Hon. Justice Buteera (Deputy Chief Justice), Hon. Justice Owiny - Dollo (Chief Justice), Hon. Justice Zeija (Principal Judge) at the Benedicto Kiwanuka Memorial Lecture
The Judiciary on September 21 held a successful and colorful sixth Annual Memorial Lecture in honour of first Ugandan Chief Justice, Benedicto Kiwanuka who was kidnapped 51 years ago from his chambers at the High Court in Kampala and to-date has never been seen again.
Former Prime Minister and the President’s special envoy, Hon Ruhakana Rugunda delivered President Yoweri Kaguta Museveni's address while Retired Supreme Court Justice, Hon. Justice Jotham Tumwesigye delivered the keynote address.
The lecture was heldunder the theme "Enhancing Judicial Accountability, Transparency and the Rule of Law." The Chief Justice, Hon. Justice Alfonse Chigamoy Owiny Dollo said Kiwanuka's death was because he had issued a writ of habeas corpus directing President Idi Amin’s military to produce a British national in his court which is provided for in law.
The Chief Justice said Kiwanuka was violently murdered for defending rule of law in Uganda. "Kiwanuka was flagrantly and violently abducted from his Chambers soon afterwards. He has never been seen since that date. Therefore, Chief Justice Benedicto Kiwanuka was martyred for defending the rule of law and fundamental freedoms of the people in Uganda," the Chief Justice said.
He added that the Judiciary Service continues to draw inspiration and motivation from the works and service of Chief Justice Kiwanuka and is reminded of its constitutional obligation, and accountability, to all justice seekers in Uganda as they render their decisions.
The Chief Justice explained that Judicial Accountability therefore requires that judicial actions and decisions be made in the interest of the people whom they serve. And that it also requires that the same decisions and undertakings be satisfactorily explained to the people. "Judicial Accountability is a call to us to use judicial power correctly and within the boundaries of the law. Every Judicial Officer is duty-bound, not only to issue correct decisions, but also to explain in clear terms the reasons, for one's decision and ensure that the same are transparently enforced in accordance with the law", he added.
However, the Chief Justice said accountability must be considered with strict adherence to the independence of the Judiciary, which calls for respect for judicial decisions and support for judicial operations by all Arms and Agencies of the State.
He described it as wrong, unlawful, sacrilegious and a mockery of justice not to implement court orders. He later called upon all the people of Uganda, the Government, and Non-Government Agencies, to join hands, so that together they can strive for the Rule of Law, access to Justice and observance of human rights for all people.
To Judicial Officers, the Chief Justice asked them to make well-reasoned decisions in clear terms such that they can be enforced properly.
Lessons from Benedicto Kiwanuka
The guest of honour, Hon. Ruhakana Rugunda while delivering the address of the President noted that if a Chief Justice could be killed by Amin, it then means that there are millions of Ugandans he killed who can’t be forgotten.
Hon. Rugunda, President Museveni's Special Envoy said Chief Justice Kiwanuka was an experienced political leader and leader of the Democratic Party and a great national asset. "I thank the leadership of the Judiciary for organizing the 6th Benedicto Kiwanuka. Benedicto Kiwanuka was highly trained in matters of law. He was a great national asset, given his qualifications and experience," the President said.
He wondered how Amin wanted to build state institutions without a Chief Justice and targeted almost everyone right from religious leaders such as Archbishop Janan Luwum, lawyers, politicians, and others in exile. He said politics is a context of ideas on how to manage society and distribution of resources and therefore political opposition that is disciplined is good for the country instead of killing one another.
The keynote speaker, retired Supreme Court Hon. Justice Jotham Tumwesigye, asked Government to invest more in the Judiciary as a priority. He said the Judiciary by settling disputes provides to stability and national growth. "The Judiciary should never be under control of any person or authority. Independence of the Judiciary is necessary to administer justice without fear of anything," Hon. Justice Tumwesigye said. He called upon Judicial Officers to uphold the Judiciary’s core values such as accountability, transparency, rule of law, and equality among others, and leave no room for corruption.
The Deputy Chief Justice, Hon. Justice Richard Buteera, and also Chairperson of the Day's event said Kiwanuka was violently kidnapped by the soldiers of Amin's regime and called upon Government to respect fundamental human rights freedoms enshrined in the constitution. "All people should be treated equally under the law. No person should be discriminated by their social standing, race, color, financial and economic capacities," said Buteera.
He added that judicial officers should administer justice without fear or favor because it is what Kiwanuka stood for.
The Deputy Chief Justice said murder by the State was contrary to what the Judiciary stands for. "We pray this will never be repeated. The Judiciary will always commemorate him. We should safeguard human rights and rule of law," Justice Buteera observed.
The head of the Court of Appeal/Constitutional Court appealed to the citizens in the country to support them towards the building of a transparent Judiciary foster rule of law for a better development of this country.
The Deputy Attorney General, Hon. Jackson Kafuuzi who is also the State Minister for Justice and Constitutional Affairs said Kiwanuka was a high profile man, and deserved a decent burial. He said Kiwanuka was abducted by men believed to be from the Government state research bureau for his unwavering support for the rule of law.
Transformation in the Judiciary
The Deputy Attorney General commended the Judiciary for the visible transformation on different issues such as automation of court processes, Alternative Dispute Resolution Mechanisms such as Mediation, Plea Bargaining, and Small Claims Procedure.
He stressed the importance of the Judiciary being an independent arbiter and execute its constitutional mandate. "The judiciary and other law players have plaid a big role in transforming the country and specifically the accountability role. I applaud you for that," he said.
In line with the event's theme, the Uganda Law Society President Bernard Oundo called for transparency and accountability in the Judiciary saying it's what the members of the bar are demanding. He also urged for a performance appraisal system to enhance the accountability of the Judiciary to the people of Uganda.
At the same function, the family of the first Principal Judge, Hon. Justice Herbert Ntabgoba, who passed on in April 2020, was given the Benedicto Kiwanuka Memorial Award in honor of his distinguished service in the Judiciary. The family led by the widow Mrs. Jeninah Ntabgoba said it was a great honor to receive a prestigious gift award on behalf of her family.
She said her husband was un-compromisable and had motivation to ensure that there was justice for every Ugandan.
The Memorial Lecture began with a procession of Judicial Officers and advocates in commemoration of the Day when Chief Justice Kiwanuka was last seen alive.
Posted 22nd, September 2023
