19 June 2008
The Attorney General's interpretation of the Constitutional Court ruling in regard to the right of the public to assemble peacefully has, rather than solve the ongoing controversy, made the situation more confusing.
Prof. Kiddu Makubuya's interpretation seems to justify the actions of the police in breaking up or stopping public rallies instead of guiding the government on crucial matters of law.
By attempting to close the windows that had been opened by the court, Mr Makubuya demonstrates that he is serving a narrow constituency and a parochial outlook on matters that call upon him as chief legal advisor to government to look beyond the interests of the ruling party.
This is not the first time the learned Professor of law is making a political, rather than a legal interpretation of a judicial matter of national importance. In 2005, Mr Makubuya offered a controversial interpretation of the law on whether the then main opposition challenger Dr Kizza Besigye was eligible for nomination.
He argued that because Besigye had been charged with criminal offences, his innocence was not at the same level with the rest of the contenders and therefore was ineligible for nomination as presidential candidate.
While his deputy Mr Adolf Mwesige had rightly found that there was nothing in law to bar Besigye from nomination, Makubuya in what was seen as blasphemy of the legal profession said that Besigye's indictment was enough to prove the latter as a convict.
At that time, like he has just done, Makubuya did not provide a solution, but rather cultivated confusion and compounded an already fluid situation. He was seen as trying to give a legally skewed interpretation of a judicial matter for political expedience and the same feeling is creeping up again.
What the country needs is not for Prof. Makubuya and his colleagues to be seen to be offering cover and in effect encouraging the police to carry on with its apparent excesses with impunity. The constitution provides that all arms of government shall accord each other such cooperation and support in matters of national interest.
But here we are; one arm, the Judiciary, makes a ruling and the other arm is shooting down its efforts. Makubuya's interpretation of the court ruling suggests that there is confusion or conflict between the two arms of government, when actually there is not or should not be any. Makubuya, please give government a better direction.
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