In a powerful open letter, Isaac K. Ssemakadde, President of the Uganda Law Society (ULS), has called on the Chief Justice, Hon. Alfonse Chigamoy Owiny-Dollo, to take immediate action to address what he describes as a “judicial crisis” in Uganda. The letter, sent this week, highlights growing concerns over the delays in the Supreme Court’s decision-making process and the erosion of judicial independence.
Ssemakadde, speaking with urgency and respect, acknowledged the Chief Justice’s recent decision to adjourn court business for an extraordinary general meeting of the ULS on 17th December 2024. He described it as an example of the “responsive leadership” Uganda’s judiciary needs. However, the letter quickly shifted to more pressing concerns, particularly regarding the delayed constitutional appeals, the passive stance of the Supreme Court on key rulings, and the ongoing systemic problems within the justice system.
One of the main issues raised by Ssemakadde was the Supreme Court’s failure to issue judgments on any constitutional appeals for over four years, a situation he described as a “systematic erosion of justice.” According to the Judiciary’s Annual Performance Report, the clearance rate for the Supreme Court in 2023 was a mere 8%, and only slightly improved to 10% in 2024.
Ssemakadde expressed particular alarm over the Supreme Court’s involvement in what he calls “obnoxious injunctions” that delay the rulings of lower courts. He argued that the practice undermines judicial independence and prioritizes government interests over constitutional principles and citizens’ rights. “Each passing month such obnoxious injunctions remain in place is another month our legal system loses credibility,” Ssemakadde wrote.
Additionally, Ssemakadde highlighted concerns raised by active citizens during a recent ULS Annual Rule of Law Week, where they demanded accountability for the prolonged delay in addressing the issue of civilians being prosecuted in military tribunals. This delay, he argued, symbolizes a deep institutional crisis within Uganda’s legal system.
At the core of Ssemakadde’s message was a call for action. He urged the Chief Justice to take decisive steps to restore integrity to the judiciary, warning that without clear movement from the Supreme Court, friction within the system was inevitable. “We need more than adjournments, sympathetic ears, and sumptuous luncheons. We need action,” he asserted.
Ssemakadde’s open letter concluded with a personal plea to the Chief Justice, expressing hope that the current status quo could be overturned with meaningful reform. “Will you help us restore the integrity of our legal system? Will you deal with the Elephant in the Room?” he asked.
This open letter from the ULS President marks a significant moment in the ongoing conversation about judicial reform in Uganda, with many observers awaiting the Chief Justice’s response to the pressing issues raised.
Below is ULS Ssemakadde’s Letter
UGANDA LAW SOCIETY — RADICAL NEW BAR
AN OPEN LETTER TO THE CHIEF JUSTICE
Dear Hon. Chief Justice A. C. Owiny-Dollo,
Your decision this week to allow the adjournment of court business countrywide for advocates to attend an extraordinary general meeting of the Uganda Law Society (ULS) on 17th December 2024 demonstrates exactly the kind of responsive leadership Uganda needs. It showed me you understand the living, breathing nature of our legal institutions. I am grateful.
During our rapprochement at your official residence on 1st November 2024, you urged me, in my capacity as ULS President, to always be frank with you. Let me do just that in this missive, be frank with you.
The recent detention of Dr. Kizza Besigye, after his abduction and rendition from Kenya, is symptomatic of a deeper exacerbated malaise. The ubiquity of unmitigated prosecutorial misconduct, a police-to-prison pipeline, and judicial decisions that seem motivated by interests far removed from legal principles. Disturbingly, not isolated incidents, they are a pattern that threatens to define your legacy.
We are facing a judicial crisis that threatens to unravel the very fabric of rule of law in Uganda. Four years have passed without judgment on any constitutional appeal. Four years! According to the Judiciary’s Annual Performance Report, the Supreme Court’s overall clearance rate was 8% in 2023, and 10% in 2024. With great respect, Hon. Chief Justice, this is a systematic erosion of justice!
The Supreme Court’s seemingly passive maintenance of obnoxious injunctions against judgments of the Court of Appeal/Constitutional Court represents a dangerous precedent. It suggests an imbalance where government interests are consistently prioritized over constitutional principles and citizens’ rights. It is a systematic undermining of judicial independence. Each passing month such obnoxious injunctions remain in place, is another month our legal system loses credibility.
By allowing obnoxious injunctions to perpetually delay substantive rulings of the lower court, the Supreme Court is effectively becoming a blunt instrument of governmental strategy, rather than a smart, independent arbiter of justice.
At the beginning of our ULS Annual Rule of Law Week, during active citizen conversations on X, formerly Twitter, on 16th November 2024, in fact, I was asked about what you had said during our rapprochement. Above all else, active citizens demanded accountability for the Supreme Court’s excruciatingly delayed ruling on prosecuting civilians in military tribunals. For many, this grotesque delay symbolizes a profound institutional crisis that demands immediate, unequivocal intervention.
It is a direct assault on human rights that you, Hon. Chief Justice, are morally and constitutionally obligated to address and repair. The responsibility to restore justice rests squarely on your shoulders, a burden that transcends institutional procedure and speaks to the very heart of judicial integrity. By bringing this to you, I am not merely raising a concern, but challenging you to be the catalyst for the systemic transformation our judiciary desperately requires.
As the nation’s top court, the Supreme Court must be our beacon of accountability, our instrument of systemic restoration. The lack of decisive movement in the top court creates a vacuum where justice suffocates.
If the Supreme Court does not set a clear, principled tone in the New Law Year, unavoidable friction is not just possible, it is inevitable. We need more than adjournments, sympathetic ears, and sumptuous luncheons. We need action. A ruling notice. A clear signal that the judiciary will hold itself, and its most senior members, accountable.
The Attorney General, the Director of Public Prosecutions, and judicial officers who have strayed from their constitutional mandate, all must understand that no one is above the scrutiny of justice.
And so, Hon. Chief Justice, I told them, the active citizens participating in the X conversations, that you would soon speak out and up for yourself. I pray that we should not allow the current status quo of institutional malaise to continue.
Your recent willingness to initiate a thaw in our relations even when you were under the weather means more to me than mere protocol. It speaks to a genuine commitment to dialogue that our judiciary desperately needs. I value the cordial relationship we are building.
It is in this spirit that I am breaking my sick leave to write to you, convinced that you, Hon. Chief Justice, do understand the profound weight of our current moment. Can I be granted at least one plea this festive season — from one public servant to another? Will you help us restore the integrity of our legal system? Will you deal with the Elephant in the Room?
With respect, urgency, and hope,
Isaac K. Ssemakadde
PRESIDENT, UGANDA LAW SOCIETY
Kampala, 29 November 2024
