Sshemakadde dismissed ULS representatives from the Judicial Service Commission

The Council of the Uganda Law Society (ULS) has recalled two of its members representing them on the Judicial Service Commission, citing irregularities in the manner of their appointment.

ULS President Mr. Isaac Semakadde stated that Ms. Ruth Sabatindira and Ms. Nora Matovu Winyi were not elected by the board to represent ULS on the Judicial Service Commission in accordance with the ULS Act 1956 (Cap305) as well as the 2016 election rules year.

“The Judicial Service Commission is the most important constitutional body that can set the tone for judicial reform. So we can take individual cases and fix this and fix that, but if we don’t start from the top, we will be shirking our responsibilities as leaders of the National Bar Association,” Mr. Ssemakadde said.

He added; “I will insist on clear and transparent procedures for shortlisting, joint vetting and appointment, including strong public scrutiny and robust accountability mechanisms.”

Releasing the order on October 29 in Kampala, he noted that they had both represented ULS on the Judicial Service Commission since 2016.

Although the Judicial Service Commissioners are appointed by President Mr Yoweri Kaguta Museveni, Mr Ssemakadde said ULS does not know who recommended their two representatives for appointment.

Mr. Semakadde explained that in the case of Stephen Kalali v Uganda Law Society, the Kampala High Court on February 2, 2024 rendered a judgment declaring that the current practice of appointing ULS representatives to statutory bodies without holding elections is a violation of the ULS 1956. Act (Chapter 305) and the 2016 Election Rules.

He said that following the February ruling, all persons who were appointed as ULS representatives to the Judicial Service Commission and other statutory bodies without election under the provisions of the 2016 ULS election rules were recalled.

Mr Semakadde said the council should convene an extraordinary general meeting by the end of this year to elect representatives of the ULS to the Judicial Service Commission and all other statutory bodies except the representatives of the Law Council who were duly elected.

“What we can tell you is that with the decision we made today we have recalled them and that in itself requires them to cease any further activities. And any old cases they were handling are now open to scrutiny,” Mr Semakadde said.

The Council also notified the President of the selection criteria the President will use in selecting two non-lawyer members of the public to serve on the Judicial Service Commission.

“How does the president choose them? As far as we know, he appointed people who were not suited for the job and were not up to the task,” Mr. Semakadde said.

Almost a month ago, Ssemakadde expelled Attorney General Kireva Kiwanuka from the Uganda Law Society.

Responding to this question, Ms Rose Nasali Lukwago, Permanent Secretary of the Judicial Service Commission, said she had not received any official communication.

However, she noted that the members of the commission are appointed by the president and it is he who disappoints them.

“I only hear about this in rumors because I have not seen the document. I didn’t receive it because if they revoke, they should write to the secretary,” she said.

She added: “But also their letter of appointment, the document bears the signature of the president, because they make recommendations and the president accepts them. Let them send the names to the President for disappointment, otherwise I have not seen any communication from the appointing authority about their recall.”