In a landmark ruling, the High Court presided over by Justice Ssekaana Musa, issued a temporary and mandatory injunction restraining the Uganda Law Society (ULS) and its council from holding an Extraordinary General Meeting (EGM) scheduled for December 17, 2024.
The court also restored key council members who had been controversially suspended, a decision that has left the current leadership of the Uganda Law Society vowing to repeal the ruling.
Meanwhile, the ruling stems from consolidated applications filed by Mugisha Hashim Mugisha and Pheona Nabasa Wall, who challenged decisions taken by the ULS council, including the suspension of the Secretary and Central Region Representative, and their exclusion from the election process for representatives to the Judicial Service Commission (JSC).
The applicants argued that the council was improperly constituted following the expulsion of the Attorney General and Solicitor General, both of whom are statutory members of the council. They further contended that the council’s actions violated natural justice and the Uganda Law Society Act, including the issuance of decisions without affording the affected individuals a right to be heard.
However, Justice Ssekaana noted that the applications raised significant legal questions, including: Whether the ULS council was duly constituted after the expulsion of statutory members. Whether the council’s actions, including the suspension of members and nomination exclusions, were procedurally improper and ultra vires. Whether the planned EGM was intended to validate illegal actions by the council.
The court emphasized that these issues warranted thorough judicial review and could not be resolved without deeper investigations.
In his rulling, Justice Ssekaana expressed concerns over the potential for irreparable harm if the disputed EGM proceeded, noting that the integrity of the ULS elections and council decisions was at stake. “The duty to uphold the law should be sacrosanct for everything done by the Uganda Law Society,” he remarked, emphasizing the need to protect minority rights and prevent the perpetuation of illegalities under the guise of majority rule.
He therefore added,; temporary injunction, preventing the ULS council from implementing its decision of November 24, 2024, and from convening the EGM on December 17, 2024. Mandatory injunction, reinstating the suspended Secretary and Central Region Representative until the final determination of the main suit. And a temporary injunction halting the elections for JSC representatives pending the resolution of the judicial review case.
Currently, the Uganda Law Society, representing over 5,000 members, now faces the challenge of navigating internal disputes while ensuring adherence to legal and ethical standards.
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