Faruk Kirunda, the Deputy Presidential Press Secretary has assured the Uganda Law Society (ULS) that President Yoweri Museveni’s latest directive on land evictions will not in any way undermine the independence and the effectiveness of the Judiciary.
Recently, President Museveni ordered that no eviction should be allowed to take place in a district without the District Security Committee (DSC), chaired by the Resident District Commissioners (RDCs) , meeting, looking and consulting directly the Minister of Lands.
“If this is not done and evictions take place, the President will take action on all the Members of the District Security Committee, except the UPDF representative because he/she may not know the substance of the issues involved,” the President said in a February 28, 2022 letter addressed to the Prime Minister Robinah Nabbanja.
Museveni also requested His Lordship the Chief Justice to prevail on the Magistrates and Judges from violating the Constitution by illegally evicting people in collusion with land grabbers.
In reaction to the President’s directive, ULS under its president Pheona Nabaasa Wall, opined that the order to obtain consent from the DSC for an eviction when a court order has been issued heavily undermines the independence and the effectiveness of the Judiciary.
“This practice will amount to vesting the right to hear, resolve and execute disputes in the hands of the security organs which usurps the power of the Judiciary,” Counsel Wall stated in a statement dated 11th March, 2022.
“The Police is involved in the execution of land evictions, to provide security and ensure the enforcement of court orders. The district security organs must be informed of a pending eviction as a matter of courtesy, beefing up security and restoring the faith of the justice system in the eyes of the community.”
However, according to Mr Kirunda, ULS shouldn’t cause for alarm because there is no way that notifying and obtaining consent from DSCs undermines the independence and effectiveness of the Courts.
The Deputy Presidential Press Secretary says there is no room for interference with the judicial process because the DSC is only involved after court has issued orders; Its role is to ensure that the eviction process is flawless and orderly and that all interested parties are aware and involved.
“Previously, disputes or violence have broken out because Courts issue orders that are executed arbitrarily without engaging all parties in the process. Many a time, the presiding judges or magistrates do not visit the locus to establish facts on the ground. This loophole has been used by unscrupulous people to obtain favourable rulings using forged documents and deception such as the presence of tenants on the land in question, and their numbers,” Mr Kirunda responded to ULS president on Sunday.
” While the Courts enjoy sole powers to adjudicate matters of any nature, they don’t work in isolation. They work with other arms of the state and the general public to dispense of justice. This link should be strengthened to completely remove cases of illegal evictions and legal evictions that have been executed badly, leading to more disputes, violence, bloodshed and even death,”he added.
On the issue of Police’s involvement in the execution of land evictions to provide security and ensure the enforcement of court orders, Mr Kirunda said, there are many instances where police is neither notified, nor involved in enforcement of eviction orders.
“Landlords sometimes choose to skip this procedure because they have acquired eviction rights dubiously using money. They use private security guards and kanyamas (powerfully built bouncers) who ruthlessly enforce their orders. Even judicial officers have been victims of such practices and there are many complaints received by State House. Such practices are a menace to society. It is high time they are stamped out completely.”
Mr Kirunda further urged that all citizens should now be happy because only lawful evictions will be permitted since DSCs will act to ensure that due procedure is followed in executing them.
“The concerned officials should, therefore, expeditiously follow through with the President’s directive confident that it is fully in compliance with the law, respectful of the independence of the Judiciary, takes consideration of legitimate interests of all parties and the duty of the state to enforce law and order. Moreover, the President, in his directive, co-opted His Lordship the Chief Justice to raise these issues with the bench he leads so that the officers do due diligence before issuing orders.”
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