Justice Minister Norbert Mao has demanded for the immediate reinstatement of Justice Faridah Bukirwa on the bench as a High Court Judge because as far as available facts show, there is nothing wrong she did. He didn’t directly mention Bukirwa’s name but matters he referred to directly relate to her which left the audience with no option but to conclude is the unfairly treated female Judge he was referring to.
As Jinja Resident Judge, Justice Bukirwa entertained petitioners who were complaining about Shaban Mubajje’s suitability and continued staying on as the Mufti of Uganda and head of UMSC at a time majority Muslims considered him unfit for failing to protect Muslim property.
The same Bukirwa, who was recently praised by the public, Court users and lawyers during an open day baraza meeting the Judiciary leadership had organised in Jinja City, also had Deputy Prime Minister Rebecca Kadaga complaining about her to the President, claiming she was too complicated and unwilling to respect or recognise political authority in Busoga sub region.
A matter involving a manager at Kadaga’s Hotel in Kamuli had been locked up and put on trial in the Magistrates Court for allegedly embezzling and failing to account for money in millions. Kadaga became aggrieved and sought to use the Judicial system to have him punished. The Magistrate in Kamuli had been cajoled to keep the manager locked up on remand. The matter came to Jinja High Court by way of appeal and by some fate, it ended up being presided over by Justice Faridah Bukirwa.
Having heard out all the parties and reviewed what had transpired in the lower court, Justice Bukirwa granted the manager bail and also caused his private vehicle (which had been confiscated by Police in order to enforce recovery of Kadag’s money) returned to the manager.
Naturally, this angered Kadaga who protestingly reported the matter to the President.
In the end, the President who had already been approached by Old Kampala Muslim leaders (angry over the anti-Mubajje ruling) decided to fix Faridah Bukirwa politically by omitting her name off the list of 16 Acting Judges who the Judicial Service Commission (JSC) had sent to him recommending them for confirmation for the substantive office of High Court Judge. Gratefully, the JSC to which the President referred all the complaints against the Jinja Judge, has since written its report clearing Bukirwa on especially the Kadaga saga.
MAO SPEAKS OUT:
Speaking at Speke Resort Munyonyo where he presided over the JLOS Annual Review Workshop on Tuesday, Mao pronounced himself on such interference and other matters. He said he had become frustrated because of too much interference by NRM politicians into the affairs of Judges and the Judicial decisions they render; adding that he is considering abdicating his duties and find a better way to impact society while fighting injustices in favor of the poor, the weak and vulnerable who often get ill-treated largely because they have no godfathers in government.
He clarified that he has realised it’s harder to use government Cabinet positions to get things done than he thought before becoming Justice Minister barely three years ago.
He said he is seriously considering leaving the Cabinet job and instead become a Pastor, a role he claimed he can excel at since it doesn’t require much qualifications. He said he would ordinarily prefer to become a Catholic priest but the Church doctrines and practices might be used to lock him out on grounds that he is too old now to enrol in a Seminary.
Speaking more specifically, the Minister referred to Prime Minister Robinah Nabbanja as one of the NRM politicians who have used their political positions to interfere and seek to influence Judicial decisions and the work of Judges and other Judicial officers. He recalled the day Nabbanja stormed Mwanga II Road Court in Mengo and took over office, dramatically sitting in the Magistrates chair simply because she had been discomfortded by a Magistrate’s decision.
Mao said the right way, which President must require all his Ministers to follow, is to use Courts of higher jurisdiction to appeal against such decisions which they consider anomalous or hostile to their interests.
Mao also said that, inspired by the example of Nabbanja who he recently stopped from raiding a Court in Masaka simply because she had been approached by a poor old lady (judgment debtor) who had been aggrieved by a Judge’s decision, RDCs these can boldly block the implementation of Court decisions including those aimed at enforcing protection of wetlands by NEMA.
Mao then came to the issue of Justice Faridah Bukirwa who a few months ago was ousted after the President received petitions against her (conduct of business at the Court) from his political supporters and cronies. Mao said from what he knows and facts he now has, Justice Bukirwa did nothing wrong because Judges are mandated to form opinions based on facts and arguments put before them by litigants.
“A judgment is an opinion of the Judge having listened to all the parties involved and evaluated their evidence. That exactly is what Judges are employed to do-forming opinions on matters brought before them. How then do we punish a Judicial officer simply because she has given her opinion on a dispute after evaluating evidence before him or her? An opinion can be right or wrong and in our case, if you are aggrieved and consider a given Judge’s opinion wrong, you appeal and that’s the essence of having the Court of Appeal and the Supreme Court. That’s what you do as opposed to writing a letter to the President simply because you are a Cabinet Minister with access to the President,” said Mao.
He maintained that in as far as he is concerned, there is nothing wrong or inappropriate Justice Bukirwa did while preceding over cases in Jinja. He suggested that Bukirwa be reinstated as the President adapts the better way which is advising such political cadres of his, who write to him letters on being discomforted by a given Judge’s decision, to always utilise the Court of Appeal and Supreme Court as opposed to inciting him to politically intervene.
Mao’s comments come moments after the JSC exonerated Bukirwa on the claims that had been levelled against her by Rebecca Kadaga who didn’t like her rulings in matters involving the estranged manager of her Hotel in Kamuli. Mao said that in a country where Judicial officers anomalously choose to become timid while trying to deliver decisions calculated to appease those they believe can influence their future promotion, strict adherents to the law (as is) like Faridah Bukirwa ought to be commended and celebrated as opposed to being condemned, harangued, castigated and purged.
He said that even through the JSC inquiry and investigations, no wrongdoing or inappropriate conduct has been proved or established against Justice Bukirwa whose prudent performance of duties was unanimously attested to by lawyers and Court users during the Court open day baraza in Jinja recently.
At that baraza session in Jinja, the court users faulted the decision to oust as opposed to confirming Justice Bukirwa into the bench role. This showed the extent to which the public, court users and lawyers took note and appreciated the efficiency with which she went about her duties as the area Judge for the two years she was the Jinja Resident Judge.
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