This archive report was first published on 22 June 2020.
Uganda's Chief Justice Bart Katureebe is retiring after a decade of service, leaving behind a Judiciary in need of reform. His legacy is marred by the perception that legal justice in Uganda is for the rich and the mighty.
One of the major issues plaguing the Judiciary is the rule of 'sub judice', which excludes useful information from court proceedings. This has led to harsh legal awards against taxpayers, with two recent cases highlighting the problem.
In the first case, a car was robbed and later recovered, but the original owner was awarded $75,000 in compensation. In the second case, a man was mining sand in a wetland and was awarded $50 million in compensation after the government was condemned to pay.
These cases are not isolated incidents, and many informed people know that a huge chunk of Uganda's national debt is constituted by court awards of this nature. The system is being exploited by corrupt officials and individuals who are perpetuating a culture of impunity.
As a result, the Judiciary is facing a crisis of legitimacy, with many citizens questioning the fairness of the system. The rule of 'sub judice' has led to 'sub justice', which breeds mob justice. Small people are reacting to the injustices by grabbing public spaces, including road reserves, and erecting trading premises and residences.
The situation is creating organised anarchy, with big people cashing in by making false claims over places they were never supposed to own. The whole thing has lost meaning, and it is up to the Judiciary to take steps to address the issue.
As we wish Justice Katureebe a peaceful retirement, we pray that his successor will find time to think outside the box and initiate the plugging of legal loopholes that are deepening Uganda's public debt through reckless legal awards.
