12 January 2024 The Secretary Uganda Law Society KAMPALA, 20 12JANam ee RECEIVED PETITION FOR AN EXTRA-ORDINARY GENERAL MEETING UNDER S. 16 UGANDA LAW SOCIETY ACT (CAP. 276) ON INDEPENDENCE OF THE JUDICIARY, THE DUTY OF IMPARTIALITY OF A JUDICIAL OFFICER AND RELATED MATTERS. We the undersigned members of Uganda Law Society CONCERNED with a letter dated 7 December 2023, from His Excellency the President, addressed to the Chief Justice giving directions on the conduct of a court matter; a statement made on § December 2023, on behalf of His Excellency the President, by the Vice-President Jessica Alupo at the East African Magistrates and Judges Association conference that the judiciary had become a pawnshop for crafty lawyers; a statement made on 15 December 2023, by the Honourable Justice Guest of Honour at the Annual Law Society Dinner, castigating a senior member of the Bar for his open letter taking issue with the President's letter of 7 December 2023; a statement by His Excellency the President at the Benedicto Kiwanuka Memorial Lecture in September 2022, calling for an amendment of the law to negate the independence of the judiciary; the recent findings in a decision of the Head of the Commercial Court regarding the Principal Judge's prefectorial interference with the independence of a judicial officer (John Imaniraguha v Uganda Revenue Authority), the forced recusal of the trial judge due to the overbearing nature of Uganda Revenue Authority (John Imaniraguha v Uganda Revenue Authority) recent public statements and appearances by the Chief Justice in relation to the Balaalo settlements in northem Uganda; similar attacks on independence of the Judiciary by the Executive in neighbouring Kenya; and the declining public confidence in the judiciary as recently decried by the Chief Justice;ALIVE to + fhe rule of law as a fundamental and foundational principle of the East African Community; * the constitutional imperatives in Articles 128(1) that in the exercise of Judicial Power, the courts shall be independent and shall not be subject to the Control or direction of any person or authority and Article 128(2) no person oF authority shall interfere with the courts or judicial officers in the exercise of their judicial functions; * he constitutional basis for removal of the President in Article 107(1)(a) for Violation of any provision of the Constitution; * the statement in the international Bangalore Principles on impartiality as essential to the proper discharge of the judicial office and the need for a Judge to ensure that his or her conduct both in and out of court, maintains ang enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and the judiciary; + the Uganda Code of Judicial Conduct restates the same duty of impartiality as the Bangalore Principles; * the Judicial Service Commission Regulations 2005 creating offences of a judicial officer who violates the Code of Judicial Conduct or who conducts himself or herself in any manner prejudicial to the good image, honour, divinity and reputation of the service; and * the statutory duty of the Uganda Law Society under the Uganda Law Society Act (Cap. 276) to protect and assist the public in Uganda in all matters touching ancillary or incidental to the law and to assist the Government and the courts in all matters affecting legislation and the administration and practice of law in Uganda AWARE of + the fundamental importance of maintaining public confidence in the judiciary as an independent and neutral arbiter; and * the fundamental importance of a free and independent judiciary in the governance of our country and in fostering the social and economic transformation; APPREHENSIVE of * Uganda's deteriorating rankings in the World Justice Project Rule of Law Index now standing at 125" out of 142 countries, down from 95" position in 2015, behind Kenya, Tanzania and Rwanda;+ the United States Government investment Climate Report 2023 which states a repeat finding that ‘though in theory the court system is independent, in practice there are credible reports that the executive has attempted to influence the courts in certain high-profile cases and that for Jeananvestors, endemic corruption and significant backlogs hamper the judiciary's impartiality and efficacy’; COMPELLED by * Re knowledge ofthe public's reliance and expectation on the Uganda Law Society on matters of such public importance. * the duty of the citizen in defending and upholding the Constitution and the need for eternal vigilance in the performance of this duty; and * our role as Advocates in speaking truth to power, in holding Government accountable and as first ine defenders in the unending public duel against executive overreach; ALARMED by * {he fallure of the governing council of Uganda Law Society to issue a public statement on the matters in this petition as is customary. + the failure of the president of Uganda Law Society to heed calls to issue a Public statement on these matters as a statutory imperative: * the lack of transparency and accountability by the president of Uganda Law Society on his engagements on these issues on altemative platforms and mindful that such secretive closed-door engagements do not discharge the Statutory duty of Uganda Law Society to the public on matters of law, + the failure of the Judiciary Council, the Judicial Service Commission, the Uganda Judicial Officers Association (UJOA), East African Judges and Magistrates Association, the Intemational Association of Women Judges ~ Uganda Chapter, to issue statements on these matters asa moral imperative; and * the climate of fear and enforced consensus that has muted our once vibrant media, civil society, academia and People’s representatives at all levels of their governance; DO HEREBY PETITION for an extra-ordinary general meeting of the Uganda Law Society under section 16 of the Uganda Law Society Act (Cap. 276), to be held within 14 days from the deposit of this petition with the Secretary of Uganda Law Society, to; * collectivize our grievances, and concretize our reactions on the matters in this Petition in order to arrest the appalling Rule of Law crisis,fonstitutional democracy, and our aspirations to economic and soc, transformation; * {0 receive and consider any member's draft public statement on the matters in this petition; * direct the governing council of the Uganda Law Society to issue such statement as shall be duly approved by the general meeting; and * take any further action as the meeting may deem fit SIGNED IN COUNTERPART AS ATTACHED Attachments 1. Letter dated 7 December 2023, from His Excellency the President to the Chief Justice.State House, P.O, Box 25497, Kamy mt PO/17 Tus St JECT PLEASE QUOTE SO. 7h December, 2023 Chief Justice Alfonse Owinyi Dolo i Ministry of Justice and Constitution Affairs WARRANT OF ATTACHMENT AND SALE OF IMMOVABLE PROPERTY ON THE UMSC 1 have got a letter from His Eminence Mubajje, the Mufti of Uganda, regarding the quarrel about the sales of Moslem properties, etc. The letter is dated the 29% of November, 2023. | had been hearing about those wrangles but [ had not focused my attention to them because | knew there are capable National Institutions responsible for those issues, especially the Judiciary you head. However, | was most surprised to read in Mufti Mubaje’s letter that among the Moslem properties to be affected is the National Mosque at Old Kampalal! Really!! What sane person, let alone a Judge can make such orders? How can a Mosque or Church be attached for debts carelessly entered into by officials of that faith? there is no law protecting Institu I, therefore, request youl ‘to revi sanity. His Eminence Mubaje alleges other examples of misconduct an collusion, You should study all those. What, however, provoked me was the audacity of attaching the National Mosque. The NRM freedom fighters and the ead, be associated with sick lo; ae geSigned No. Name of Member Signature ft Pld \ha (POG soy exhiwla:Signed No. Name of Member Signature I lke K. SSeronurtyne, renal. Lo STs Sethe 1 Dhl 3 Plus kare me FSP ee ,- , /) 4 ROLER MUGAL | / 5 PMRinA = MUGICA ep. GC Nuwwere Riper. 7- kiaazo NACER oe Ll pranzion “Commart ce AV KAGOAA Seer ALLAN p ate he (Mabrrcbore Mrnege Deave \L Vmureniag \e nwa ey "Ye Aken ALEX imo THY Cen araSigned Signature Cue. ODok “ator ; fomeue PSise a 2 itz arn k No. Name of Member