{UAH} Judiciary starts process to replace Kavuma

Judiciary starts process to replace Kavuma

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To retire. Deputy Chief Justice Stephen Kavuma. PHOTO BY DOMINIC BUKENYA 

IBy ANTHONY WESAKA

Kampala.

Any doubts about Deputy Chief Justice Steven Kavuma's retirement in September this year have been put to rest after the appointing body advertised his position a few days ago.
On April 10, the chairman of the Judicial Service Commission (JSC), Mr Benjamin Kabiito, wrote to the Director of Public Prosecutions calling for suitable candidates to fill various positions, including the one presently occupied by Mr Kavuma.

Besides the position of Deputy Chief Justice which falls vacant on September 29, two more vacancies will be available in the Supreme Court (highest court in the land); four on the Court of Appeal/Constitutional Court and 16 in the High Court.

"The Judicial Service Commission is in the process of identifying suitable persons who qualify for consideration to fill a number of vacant positions of judicial officers in the courts of judicature," Mr Kabiito's letter said. "By resolution of the commission at its 6th meeting held on March 29, you are hereby informed that the following position exist in the courts of judicature: Deputy Chief Justice and the head of Court of Appeal/Constitutional Court which position falls vacant on 29/9/2017," the JSC letter further reads.

Controversial career
Mr Kavuma's exit will bring to an end a controversial career on the bench during which he was repeatedly accused of being a tool for the regime in its contest with the political Opposition, often issuing orders which were seen to be pro-ruling party. 
On February 24, the Constitutional Court quashed several interim orders issued by him (some of which had effectively proscribed certain Opposition political activities). These orders were declared null and void and contrary to unconstitutional having been granted by unilateral decision.

Even more memorably on January 16, the Speaker of Parliament, Ms Rebecca Kadaga, denounced an interim order Mr Kavuma had issued barring Parliament from inquiring into how Shs6b oil money was solicited and received by top government officials in what has come to be known as the golden handshake scandal.

She described the order as "stupid" and promptly suspended the House until further notice, ruling that business will only resume when the stupid order was vacated. Within days, the Executive arm of government quickly had the matter undone, Parliament resumed and the inquiry got underway.

"This is the first time that a court is operating in anticipation of an issue that has not even come to the House. This is an attempt to gag this House. This is an attempt to stop this House from doing its work," an incensed Kadaga declared during a tense session.

"I cannot accept a decision where court shall determine how we sit in this House. How we shall write the Order Paper. Court is interfering with the oversight powers of the House. It is going to the core of democracy in this country. This is unacceptable. I want to direct the Attorney General to go to court and ensure that this stupid order is vacated. I want the rights of MPs fully reinstated. I adjourn the House and all Committees sine die."

Deadline
The commission set May 1 as the deadline for submission of relevant academic credentials. "This letter serves to request you to submit to the commission names of suitable persons who qualify to fill any of the stated positions subject to the qualifications and requirements as set out herein," Mr Kabiito said.

The commission head also advised that nominees should be persons of integrity. "Gender, diversity and regional balancing requirements will be considered in the selection process of the commission and only those nominees who qualify will be shortlisted and invited to attend interviews," he said. 
Late last year, The Observer newspaper ran a story stating that Mr Kavuma had written to the JSC amending his age to reflect that he was four years younger than his known current age. But following publication of the story, Mr Kabiito told Daily Monitor that there is no affidavit on the deputy CJ's file about the attempt to amend his age.

"The records we have here show that Justice Kavuma will retire on September 29. This is according to the letter that we received from the Chief Registrar, Courts of Judicature and that is what we shall go by," he said early this year.

"We don't know any other aspect regarding any sworn-in affidavit or otherwise, we don't know where that one has come from and we cannot make any comment on something we don't know about..."

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Gwokto La'Kitgum

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