Adam Nuwamanya and David Ijjo
A list of eleven judicial officers and an executive director of the Financial Intelligence Authority have been submitted to the Appointment Committee of Parliament for consideration as Acting High Court Judges.
The Clerk to Parliament, Adolf Mwesigye, forwarded the notification, which has drawn attention to the inclusion of the current Public Relations Officer, Jamson Karemani Karemeera, among the nominees.
The list of nominees for Acting High Court Judges includes Jameson Karemani Karemeera, who currently serves as the public relations officer.
Other nominees are Kwizera Amos, one of the inspectors of Courts, Nabakooza Flavia, Mwaaka Philip Willebrord, Makumbi David Samson Lwokya, Dr Akello Echookit Christine, Jacqueline Mwondha, Naluzze Aisha Batala, Kania Rosette Comfort, Mubagumya Tumusiime Patience Emily, and Lubega Farouq. Additionally, Samuel Were Wandera has been nominated for the position of executive director of the Financial Intelligence Authority.
The appointment of judges in an acting capacity has historically sparked controversy, with critics, including the Uganda Law Society, arguing that it undermines the independence of the judiciary, citing them as a threat to the rule of law.
In their recent quarterly report, the society acknowledged the appointment of more judicial officers as a positive step towards enhancing the efficiency of the judiciary but reiterated their reservations about acting appointments.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Bernard Oundo, in a recent post-function interview with the press, emphasized the need to ensure the independence of the judiciary. Society believes that appointing judges in an acting capacity compromises judicial independence.
In 2022, a legal challenge was brought against the appointment of judges in an acting capacity by Makerere University Law Don Busingye Kabumba and Human Rights Activist Steven Karamagi.
The court ruled the appointments unconstitutional, citing violations of several constitutional articles. The court directed the Judicial Service Commission to regularize the appointments of the 16 judges within six months.
However, the Attorney General subsequently appealed the ruling, citing Section 19 of the Judicial Service Commission Rules of 2005, which grants the commission the authority to advise on the nature of appointments to be made.
The nomination of eleven judicial officers, including the Public Relations Officer, Jameson Karemani Karemeera, for acting judge positions, has raised concerns about the independence of the judiciary. The Uganda Law Society has criticized the practice, emphasizing that it undermines the rule of law.
The legal challenges and subsequent appeals surrounding the appointment of judges in acting capacity highlight the ongoing debate over the proper procedure for judicial appointments.
As the Appointment Committee of Parliament reviews the nominations, the outcome will be closely monitored by stakeholders interested in preserving the integrity and independence of the judiciary.
