On Tuesday, the Prime Minister, Rt Hon. Robinah Nabbanja went to Mwanga II Court near Kampala and saved Ms. Gertrude Nalule who was about to lose her plot of land and house to a neighbor and money lender, Mr Godfrey Bazaale.
According to prosecution, during Covid-19 lockdown, Mr Bazaale, extended financial help to Ms. Nalule’s family to a tune of Shs7m but when she failed to pay back, it’s alleged that Mr Bazaale made Ms Nalule sign a sales agreement purporting to sell off both her plot of land and house at Shs10m at Namungoona-Kigobe Zone.
However, Nalule a widow refused to pick up the last Shs3m alluding that she was not selling her land, she, however, still failed to pay back and she was picked and jailed for breaching the agreement. This is why Prime Minister had to come in and intervene into the matter.
While settling the matter by paying the outstanding debt, thr Prime Minister said there were a lot of loopholes in the judiciary that needed to be settled to see that even poor people see justice.
However, her direct intervention, in this case, brought another big question about the independence of the Judiciary, one of the three arms of government.
While speaking to one of the media, thr Chief Justice Owiny Dollo wondered why the Prime Minister did not first call him and follow orders because the Judiciary is independent.
However, while speaking to CBS FM radio station on Saturday, Mawokota South MP, Yusuf Nsibambi praised the Prime Minister for her kind rescue. The senior counsel highlighted that legally what Nabbanja did was not right however in a state where cases of poor people are poorly handled in courts today, Nabbanja’s move was the best one.
“I have taught lawyers, and I have practised law for over 20 years, what the Rt Hon Prime Minister did was not right because the judiciary is an independent arm but since it has failed to give justice to poor people like Nalule, I support Nabbanja. A lot of people have lost their land, and plots to goons who deal with the courts. I think it’s the right time for the Chief Justice to come out and start cleaning his house,” he said.
He added that respect of the arm will always work when fairness is seen across all the classes of people.
“If Chief Justice can carry out an audit on the people in prisons, I’m very sure he will find many people who have been put in prison while innocent but because they are poor the courts did not do the needful to save them but those with power used them to jail some people because they want their land.”
The former Nansana Municipality lawmaker Kasule Robert Sebunya also advised the CJ to first clean his house because it must work for people not for judges to get the glory.
“Judiciary will become independent when it works for every Ugandan but if it is working for a selected people, then we shall need people like Prime Minister who will act and save the poor people. The Chief Justice must know that they work for all Ugandans and they must serve justice evenly that is when his arm will be independent but if he thinks of their glories, we are very sorry.”
Mr. Sebunya added that currently, the levels of lawlessness in Uganda are increasing which is why rich people are using the court to meet their goals.
Property grabbing is now a common vice especially in central and it describes the crimes through which vulnerable people are driven from or otherwise lose access to their rightful property through physical force, forgery, fraud, threats, intimidation, property destruction and collective pressures.
In Uganda, widows and orphans are among the most vulnerable to property grabbing. Following the death of a male head of household, it is common for relatives, community members, authority figures and other opportunists to plunder the property (including the home and its surrounding gardens) that belonged to the deceased or to the couple jointly.
Unfortunately, several studies that have been carried out on property grabbing in Uganda have revealed that lack of capacity and corruption within the courts are significant challenges to engaging the court in estate administration or criminal prosecution.
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