Participants at the Magistrates Election Petitions Training Workshop at Judicial Studies Institute
The Principle Judge, Hon. Justice Dr.\r\nYorokamu Bamwine advised Magistrates against ex parte interim orders without\r\naccording both parties a hearing.
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"Try as much as possible to avoid\r\nex parte orders. Election issues are highly emotive. Expect a backlash on any\r\ndecision taken ex parte," he said. An ex parte decision is one decided by\r\na Judge without requiring all parties to the case to be present.
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Hon. Justice Dr. Bamwine said that\r\ninstead of granting such orders, Magistrates should explore the possibility of\r\nan order mutually agreed upon by the parties to maintain the status quo in the\r\ninterim.
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He directed them to hear arguments of\r\nboth parties before deciding whether or not an order in the interim is\r\ndeserved.
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He was speaking during a capacity\r\nbuilding workshop on the management of election petitions, organized for Magistrates.\r\nThe training took place at the Judicial Studies Institute (JSI), Nakawa on\r\nMonday 08 February, 2016.
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The workshop was organized to give Magistrates\r\nthe necessary capacity to curb the backdrop of the previous challenges and\r\ncomplaints arising from the election vote recount process.
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It was majorly organized for chief\r\nmagistrates who were appointed after the 2011 elections and never acquired the\r\nskills.
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According to Hon. Justice Dr. Bamwine,\r\nthe workshop is aimed at equipping the magistrates on how to handle cases on\r\nnarrowly contested electoral results, how to handle case filing, management and\r\nprocedures of election petitions.
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The Magistrates were trained on how to\r\ndetect and handle quack lawyers who come under the guise of representing the\r\naggrieved parties, yet they do not have the qualifications.
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"The mandate of courts in the\r\nadjudication of election disputes is very crucial in the process of development\r\nof our democracy. Therefore, there is need to ensure that our actions and\r\ndecisions enhance public trust in the judiciary," he pointed out.
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The Hon. Justice Dr. Bamwine noted\r\nthat many Ugandans are not aware of what it means to have fair elections. Some\r\ntake it as fun, others as a time to make quick money and others as a matter of\r\nlife and death.
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He advised them to also employ\r\nAlternative Dispute Resolution (ADR) while handling the petitions since it\r\nsaves costs and time, helps parties involved to heal quickly and gives parties\r\ncontrol over the outcomes of the settlement terms.
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The Chief Justice, Hon. Justice Bart\r\nKatureebe in his speech cautioned the Magistrates against succumbing to\r\nintimidation.
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"Stand firm and take charge of\r\nyour court. Do not allow to be intimidated by parties who have their own\r\nselfish interests and do not be swayed by anybody except the need for\r\njustice," he said.
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Hon. Justice Katureebe also advised\r\nthem against issuing ex parte interim orders on election petitions without\r\ngiving audience to both parties, saying that it attracts resistance.
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"During these times you are\r\nexpected to be sober and calm. Avoid awarding one party interim orders to avoid\r\ncausing resistance. Before making any ruling, listen to both parties, get well\r\nconversant with the pleadings and study the law," he said.
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Hon. Lady Justice Dr. Esther Kisakye\r\nof the Supreme Court asked the Magistrates to be fair and balanced in their\r\ndecisions to avoid public mistrust.
This article was published by the New Vision on February 9, 2016.
Posted 9th, February 2016
