{UAH} GOVERNMENT DARES TO CHALLENGE THE JUDGE
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4:32 AM |
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I consider the depositions made by the Minister of Kampala & the NRM Government to be manifestly contemptuous, and abusive of the person of the Judge. To impute bad faith on the Judge, and assert that the orders he issued were motivated by his desire to pre-empt the impeachment of the Lord Mayor is a clear case of insolent attack on the person of the Judge.
Further to; it is absolutely preposterous that a government takes liberty, to make politically cruel pronouncements & sentiments on a Judge on record. This is conduct unbecoming in a civilized global democracy, it is unwarranted as it doesn't fall within the perambulates of noble criticism and as such it deserves condemnation in the greatest terms possible. Such conduct is detrimental to the independence of the judiciary. For at all times; regardless of the circumstances, the courts ought to be independent and need not to be subjected to the control, interference or direction of any person or authority.
Of course, it is the duty of court to execute its decrees or orders, and the expression "court" first and foremost means a Judge; for whom the Registrar is an agent and acts for and on behalf of, under Order 50 r.1 CPR. If reason and sanity in anything to go by, then I find the content in the verbal & written statements of the Minister of Kampala and the spokesperson of KCCA to be exorbitantly obtrusive in reference to the order of the Court.
I do not subscribe to the argument that the depositions of the aforesaid persons are inoffensive or "noble criticism". A person cannot be seen to attack a venerable institution of Justice or a Judge by imputing ill motives and impropriety in the conduct of court business and one calls it a noble criticism. It is unacceptable impudence to imply dubious questionable motives on a Judge just because he makes a decision which a party may be diametrically opposed to. Needless to say, the office of a Justice is the only one of its kind; and as such a Judge or justice carrying out his judicial functions, exercises a jurisdiction sui generis. In the same vein, a party cannot therefore be let off the hook for contempt where it is categorical that that party has not complied with an order by reason of what that party considers the order to be. It is not for the party to choose whether or not to comply with the order. There cannot be a clearer case of contempt laced with outright insolence as in the case of the 'Kangaroo caucused' impeachment of the Lord Mayor of Kampala.
Let me send an undespicably and a categorically clear and strong message to the government, KCCA and their lawyers alike: know your bearings with regard to Judges in particular and all judicial officers in general; (suffice to say, the decrees or orders of court). They (Judges and all Judicial officers) are the pillars of justice in observance of the social norms, values and aspirations - the wheels upon which the much cherished civilised and democratic ideals glide, and would be seriously impaired and malfunction leading to total anarchy and eventual collapse, if not carefully nurtured.
It goes without say that constitutionally; judicial power is derived from the people and ought to be undeterredily exercised by the courts established in the name of the people in conformity with law and with the values, norms and aspirations of the people. As such, it behoves everybody (regardless of colour, position or political affiliation) to uphold the Judges with the high esteem deserving of their noble calling, lest all we value and cherish and stand for as human beings in a civilised society would be lost.
There is need to emphasize that the principle of law is that the whole essence of litigation as a process of judicial administration is lost if orders issued by court through the set judicial process, in the normal functioning of courts, are not complied with in full by those targeted and/or called upon to give due compliance/effect. A State organ, or agency or person legally and duty bound to give due compliance must do so. Court orders cannot be issued in vain.
Further to, court orders are issued 'in rem' (not in personam). Thus, as orders 'jus in rem', they are enforceable against anyone in the world interfering with that right founded on some specific relationship, status, or bodies accorded legal protection from interference by anyone. As such, organs and agencies and or persons legally and or constitutionally mandated to implement them are deemed to take cognisance of them; whether one is a party to the cause or not.
There is a wealth of case law, both with Uganda and other common wealth Jurisdiction to the effect that a party or person who knows of an order regardless of whether in the view of that party the order is null or valid, regular or irregular cannot be permitted to disobey it by reason of what that person regards the order to be. It is not up to that party to choose whether to comply or not to comply with such an order. The court order must be complied with in totality, in all circumstances by the party concerned, subject to the party's right to challenge the order in issue, in such a lawful way as the law permits.
Clearly, for a party to challenge a court order, that party must apply to have it set aside but not to disobey it, even if the party does not agree with it for any reason. Failure to comply is contempt. Noteworthy is the purpose of contempt which exists to ensure that justice shall be done and solely to prohibit acts and words to obstruct the administration of justice. As thus, to disobey an order of court is nothing but blatantly a gross and naked rape of the 'Temple of Justice'. Whatever, the purported justifications of the Minister of Kampala and the entire NRM government, their wrongs cannot even in the least of circumstances be christenly akinned to a beautiful devil nor still a black angel!
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
Further to; it is absolutely preposterous that a government takes liberty, to make politically cruel pronouncements & sentiments on a Judge on record. This is conduct unbecoming in a civilized global democracy, it is unwarranted as it doesn't fall within the perambulates of noble criticism and as such it deserves condemnation in the greatest terms possible. Such conduct is detrimental to the independence of the judiciary. For at all times; regardless of the circumstances, the courts ought to be independent and need not to be subjected to the control, interference or direction of any person or authority.
Of course, it is the duty of court to execute its decrees or orders, and the expression "court" first and foremost means a Judge; for whom the Registrar is an agent and acts for and on behalf of, under Order 50 r.1 CPR. If reason and sanity in anything to go by, then I find the content in the verbal & written statements of the Minister of Kampala and the spokesperson of KCCA to be exorbitantly obtrusive in reference to the order of the Court.
I do not subscribe to the argument that the depositions of the aforesaid persons are inoffensive or "noble criticism". A person cannot be seen to attack a venerable institution of Justice or a Judge by imputing ill motives and impropriety in the conduct of court business and one calls it a noble criticism. It is unacceptable impudence to imply dubious questionable motives on a Judge just because he makes a decision which a party may be diametrically opposed to. Needless to say, the office of a Justice is the only one of its kind; and as such a Judge or justice carrying out his judicial functions, exercises a jurisdiction sui generis. In the same vein, a party cannot therefore be let off the hook for contempt where it is categorical that that party has not complied with an order by reason of what that party considers the order to be. It is not for the party to choose whether or not to comply with the order. There cannot be a clearer case of contempt laced with outright insolence as in the case of the 'Kangaroo caucused' impeachment of the Lord Mayor of Kampala.
Let me send an undespicably and a categorically clear and strong message to the government, KCCA and their lawyers alike: know your bearings with regard to Judges in particular and all judicial officers in general; (suffice to say, the decrees or orders of court). They (Judges and all Judicial officers) are the pillars of justice in observance of the social norms, values and aspirations - the wheels upon which the much cherished civilised and democratic ideals glide, and would be seriously impaired and malfunction leading to total anarchy and eventual collapse, if not carefully nurtured.
It goes without say that constitutionally; judicial power is derived from the people and ought to be undeterredily exercised by the courts established in the name of the people in conformity with law and with the values, norms and aspirations of the people. As such, it behoves everybody (regardless of colour, position or political affiliation) to uphold the Judges with the high esteem deserving of their noble calling, lest all we value and cherish and stand for as human beings in a civilised society would be lost.
There is need to emphasize that the principle of law is that the whole essence of litigation as a process of judicial administration is lost if orders issued by court through the set judicial process, in the normal functioning of courts, are not complied with in full by those targeted and/or called upon to give due compliance/effect. A State organ, or agency or person legally and duty bound to give due compliance must do so. Court orders cannot be issued in vain.
Further to, court orders are issued 'in rem' (not in personam). Thus, as orders 'jus in rem', they are enforceable against anyone in the world interfering with that right founded on some specific relationship, status, or bodies accorded legal protection from interference by anyone. As such, organs and agencies and or persons legally and or constitutionally mandated to implement them are deemed to take cognisance of them; whether one is a party to the cause or not.
There is a wealth of case law, both with Uganda and other common wealth Jurisdiction to the effect that a party or person who knows of an order regardless of whether in the view of that party the order is null or valid, regular or irregular cannot be permitted to disobey it by reason of what that person regards the order to be. It is not up to that party to choose whether to comply or not to comply with such an order. The court order must be complied with in totality, in all circumstances by the party concerned, subject to the party's right to challenge the order in issue, in such a lawful way as the law permits.
Clearly, for a party to challenge a court order, that party must apply to have it set aside but not to disobey it, even if the party does not agree with it for any reason. Failure to comply is contempt. Noteworthy is the purpose of contempt which exists to ensure that justice shall be done and solely to prohibit acts and words to obstruct the administration of justice. As thus, to disobey an order of court is nothing but blatantly a gross and naked rape of the 'Temple of Justice'. Whatever, the purported justifications of the Minister of Kampala and the entire NRM government, their wrongs cannot even in the least of circumstances be christenly akinned to a beautiful devil nor still a black angel!
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
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