{UAH} Courts favour the rich, chief justice protests

Courts favour the rich, chief justice protests

Written by Derrick Kiyonga

 Last Updated: 14 August 2015

 

Justice Katureebe (L) and his deputy Steven Kavuma with President Museveni and other officials at Speke Resort Munyonyo

In addressing debate on inequality in courts, Chief Justice Bart Katureebe told an annual national legal aid conference that Uganda's judicial system favors the rich. 

Justice Katureebe made the remark at the third annual national legal aid conference, which ended on Tuesday at Speke Resort Munyonyo.

The conference, officially opened by President Museveni on Monday, was organized by the Justice Law and Order Sector under the theme: "Sustainable funding and legal aid service delivery by the state."

Legal aid refers to the provision of free or subsidized legal services to mainly poor and vulnerable people who cannot afford paid lawyers. In his 15-minute speech, Justice Katureebe said the judiciary must address the feeling among Ugandans that the court system is tailored for the "well oiled Ugandans" at the expense of the poor and the vulnerable.

"In as much as there exists inequalities among Ugandans. It's totally unacceptable that the rich should just win a case because they are rich. In our judicial system the poor are left to depend on the goodwill of the rich. This is totally unacceptable," Katureebe said. 

Justice Katureebe buttressed his argument by citing article 21(1) of the Constitution, which stipulates that all persons are equal before the law. In order to help the poor, Katureebe asked the central government to institute a national legal aid policy and a national legal aid act.

"I think instituting those two [national legal aid policy and national legal aid act] has been long overdue because without them we shall always have a problem of finances when it comes legal aid," he said. 

NO WIGS

On his part, the Principal Judge Yorokamu Bamwine asked fellow judges to stop confining their work to the courtroom.

"It's about time we put the wigs and the robes aside and we go out to the field. That's when we shall really come to know the people's problems. After trying it out you will tell me because I know it can deliver wonders," Bamwine said.

Bamwine cited an example of Katureebe who went to Jinja district and conducted a public question-and-answer session. Justice Simon Peter Byabakama, the Masindi district resident judge, said interacting more with the public will give the judiciary a human face.

"The wigs and robes were for colonialists. In Masindi, many cases have been resolved because I have been interacting with the public," Byabakama said.   

But Constitutional court judge Eldad Mwangusya said taking off the wigs would not solve the problem.

"I think we should focus more on disposing of cases and also the quality of lawyers than taking off wigs and robes," Mwangusya said. 

LEGAL AID

Another Constitutional court Judge, Remmy Kasule, said the trend in Uganda is that competent lawyers avoid giving legal aid.

"Free legal aid has been left to new graduates or lawyers without much business [private]. Lawyers who give free legal services are taken as failures but I think a lawyer should commit himself to the case regardless of whether it is legal aid or otherwise," Kasule said. 

Kasule argued that some people who are accused of criminal offences reject lawyers assigned by the state because they believe they cannot do a good job because they are given by the very state, accusing them. 

Responding to the judges' concerns, Museveni said his government is determined to put the poor at the forefront. He cited programmes such as the Universal Primary Education, Universal Secondary Education and prosperity for all.

"I can assure you that the national legal aid Act will soon be tabled in parliament because our people who don't have money should also be helped," Museveni said. 
The president, however, said that people who are accused of corruption-related offences shouldn't get free legal services. 

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower

"But this I know, UPC believed and still believes in very high education. We can call Obote all bad names we have, but the bottom line remains that he got more scholarships for Buganda than all previous Uganda leaders combined. That includes Sir Edward Mutesa, President Lule, President Binayisa, up to and into Ssabasajja Mutebi. Who all happen to be Baganda leaders." Mulindwa

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