In a significant move to promote transparency and accountability within Uganda’s judicial system, the Uganda Law Society (ULS) has recalled its unelected representatives to the Judicial Service Commission (JSC).
This bold decision, led by newly elected ULS President Isaac Ssemakadde, is part of a sweeping Executive Order aimed at restoring trust in judicial appointments, ensuring representation that aligns with democratic principles, and addressing public concerns about judicial integrity.
Court Ruling Highlights Breach in Electoral Procedures
The recall directive follows a landmark judgment by the High Court in Kalali Steven v Uganda Law Society (ULS), which challenged the ULS’s appointment practices for its representatives to the JSC and other statutory bodies.
The court found that ULS appointments to these critical roles lacked an electoral mandate, breaching both the 1956 Uganda Law Society Act and the Uganda Law Society (Elections) Regulations of 2016.
This ruling highlighted a critical oversight within the ULS, calling into question the legitimacy of several long-standing appointments and pushing the organization to confront internal governance issues.
Key individuals impacted by this recall include Ms. Ruth Sebatindira and Ms. Norah Matovu Winyi, who have held their roles on the JSC since 2016 without undergoing the election process mandated by ULS regulations.
The High Court ruling emphasized that these appointments, made without elections, went against ULS’s democratic requirements, potentially undermining public confidence in the judiciary due to a perceived lack of transparency.
The Role of the Judicial Service Commission and Public Expectations
The JSC plays a pivotal role in Uganda’s judicial framework, responsible for overseeing judicial recruitment, disciplinary matters, and maintaining the ethical standards of the judiciary.
By ensuring that appointees to the JSC are elected by ULS members, the ULS aims to reflect the legal community’s values in judicial oversight and uphold its mission to advocate for a fair and transparent judiciary.
President Ssemakadde, emphasizing the ULS’s commitment to democratic practices, described the recall as essential to restoring accountability:
“For our judiciary to serve Ugandans with fairness and integrity, it is paramount that its overseers reflect the collective will of our legal professionals. This recall shows our resolve to hold ourselves to the highest standards of transparency and accountability.”
Immediate Actions: Recalling Representatives and Organizing New Elections
The Executive Order instructs the immediate recall of any unelected ULS representatives to the JSC and other statutory bodies and mandates that these positions be filled through democratic elections by December 31, 2024.
This shift ensures that future representatives will have the backing of ULS members, lending credibility to the appointments and aligning with public expectations for a just judicial process.
The ULS’s Council has also opted to withdraw an appeal previously filed in response to the Kalali Steven case, signalling a commitment to reform and a break from the status quo.
In practical terms, the recall requires notifying the affected individuals and statutory bodies, with the ULS Council pledging to facilitate an electoral process that is both fair and in compliance with the 2016 election regulations.
Broader Reforms and Public Response
This recall order is just one part of the ULS’s broader strategy to enhance judicial accountability. Alongside this recall, the ULS has committed to additional reforms within Uganda’s judicial system, with plans to address issues such as merit-based recruitment, public participation in judicial appointments, and thorough vetting processes.
The move has resonated with both legal professionals and the Ugandan public, who have voiced longstanding concerns over judicial transparency and impartiality.
By returning the power of selection to its membership, the ULS is attempting to reestablish public confidence in the judiciary at a time when trust has eroded due to a perceived lack of transparency in judicial appointments.
The judiciary’s independence and integrity, observers note, are vital to Uganda’s democratic fabric, and the ULS’s actions represent a push toward a more credible and representative judicial oversight body.
Implications for Judicial Integrity and Uganda’s Legal Landscape
The ULS’s decision underscores the society’s dedication to upholding the rule of law and reflects a growing awareness of the need for democratic processes within judicial institutions.
With the recall in effect, the ULS hopes that the JSC will gain representatives who not only carry the trust of their peers but also embody the principles of equality, accountability, and ethical conduct expected by the public.
This shift also has broader implications for judicial appointments across Uganda. By mandating that future representatives be democratically elected, the ULS sets a precedent that may inspire other organizations to strengthen internal democratic processes, aligning their governance more closely with public expectations.
Moving Forward: Rebuilding Trust Through Transparency
As the ULS undertakes the process of electing new representatives, the organization has pledged to ensure a fair, open, and inclusive election process.
Legal analysts suggest that this recall could mark the beginning of a more engaged and transparent era for Uganda’s judiciary, where appointments to critical oversight roles are vetted not just for competence but for integrity and alignment with Uganda’s legal and social values.
President Ssemakadde and the ULS Council have voiced optimism that these steps will instil a greater sense of accountability within the judiciary, ultimately benefitting both the legal profession and the Ugandan people.
In fostering a transparent selection process, the ULS aims to set a standard for judicial oversight that reinforces the public’s faith in the judiciary as an institution that operates with fairness and integrity at its core.
