Lawyer Male Mabirizi says Court Martial is not a court to be contempted.
Lawyer Male Mabirizi has said there is nothing contempt in the General Court Martial.
On Tuesday, the army court sentenced Eron Kiiza, who is one of Dr.Kizza Besigye's lawyer to nine months imprisonment after being convicted of contempt of court.
The court chairman, Brig Freeman Mugabe said despite earlier warnings to Kiiza about gross professional misconduct, he needed heeded to the same.
"Today( Tuesday), when the accused entered this court, he immediately confronted the court orderly that was guiding him where to sit but instead started assaulting the court orderly and banging the angle bars of the entrance. The chairman of the court warned him of the misconduct but he did not take heed but instead worsened the situation by making more noise being cheered by the audience," Brig Mugabe said.
This court finds the accused's conduct in contempt of court and finds Kiiza Eron guilty of the offence of contempt of court and is hereby sentenced to nine months imprisonment."
However, commenting about the developments, lawyer Male Mabirizi said contempt of court is enshrined under Article 28(12) of the Constitution and that it can only happen in regards court but noted that the General Court Martial is not one.
"The Constitution says in Article 129(1) that the judicial power of Uganda shall be exercised by the courts of judicature which shall consist of the Supreme Court of Uganda; the Court of Appeal of Uganda; the High Court of Uganda; and such subordinate courts as Parliament may by law establish, including qadhis courts...."and Article 257(d) that court means a court of judicature established by or under the authority of this constitution," Mabirizi said.
" Plainly General Court Martial is not a court, as per the Constitution. It is a tribunal hence it cannot hold anyone in contempt in terms of Article 28(12)."
Mabirizi says this should be able to settle the "unconstitutionality of advocate Eron Kiiza nine months imprisonment."
According to Mabirizi, Kiiza's imprisonment derogates the right to "a lawyer of his or her choice" guaranteed under article 28(3)(d) of the Constitution for Dr.Kizza Besigye.
" Court Martial tribunal has chosen a path of imprisonment to distort the choice of lawyer by accused persons. This is clear derogation of the right to fair hearing. Worse of all, an advocate was subjected to cruel, inhuman, degrading treatment, battered and tortured, contrary to articles 24 and 44(a) of the Constitution."
Mabirizi added, "No tribunal has powers to exercise disciplinary control over Advocates. Section 17 of Advocates Act which allows discipline by Court is also restricted to Court, not tribunals."
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On Tuesday, the army court said respect for courts of law is not merely a moral or ethical imperative but rather a cornerstone of constitutional democracy.
"Courts are mandated to ensure that justice is delivered without fear or favor, maintaining public confidence in the rule of law. Any attempts to undermine their authority threaten the entire legal framework and destabilize societal order."
" Disrespect for courts, whether through defiance of rulings or deliberate attacks on their integrity, erodes trust and weakens the institutional structures necessary for national development."
