By Gilbert Akampa Kakurugu
KAMPALA
Justice Catherine Bamugemereire of the Supreme Court has issued a landmark judgment, halting all proceedings in the General Court Martial (GCM) and declaring its jurisdiction over civilians unconstitutional. This ruling paves the way for significant legal reforms in Uganda’s military justice system concerning the trial of civilians.
Justice Bamugemereire found that the current structure and procedures of the General Court Martial violates the principles of fairness and impartiality enshrined in Uganda’s Constitution. She emphasized that judicial power is vested in the judiciary and that the General Court Martial is subordinate to the judicial system.
“It is an overreach to create an offense making civilians liable for crimes under military law,” she stated.
Her ruling suspended all ongoing civilian trials in the General Court Martial, with exceptions only for cases involving military personnel. She stressed that soldiers who commit offenses against civilians should be tried in civilian courts, in line with constitutional provisions. All pending cases in the General Court Martial are to be suspended and subjected to judicial review.
This decision follows an earlier judgment by Justice Monica Mugenyi, who, along with a panel of seven justices, upheld the unconstitutionality of section 117(1)(h) of the Uganda People’s Defence Forces (UPDF) Act, which had permitted civilians to be tried in military courts. Justice Mugenyi’s judgment highlighted concerns about the impartiality and independence of the General Court Martial, finding it inconsistent with the Constitution.
“The General Court Martial is not an independent and impartial court and is inconsistent with the Constitution,” Justice Mugenyi declared. She called for reforms to ensure greater independence for military courts, suggesting that the appointment of General Court Martial judges be made in consultation with the Judicial Service Commission to guarantee their legal expertise and impartiality.
Justice Mugenyi’s ruling modified the orders of the Constitutional Court and left room for amendments to the UPDF Act but reiterated that the trial of civilians in military courts requires further debate.
These rulings mark a significant shift towards greater judicial oversight, ensuring that civilians are not subjected to military justice in violation of their constitutional rights.
As these decisions come amid high-profile trials, including those of opposition leader Dr. Kizza Besigye, they underscore the urgent need for reform in Uganda’s military justice system to
ensure fairness and impartiality for all citizens, regardless of their status or political affiliations.
The Supreme Court’s judgments provide a clear pathway for aligning Uganda’s military court system with the constitutional rights of its citizens, particularly regarding the right to a fair trial.
Erias Lukwago, Dr. Kizza Besigye’s lawyer and the PFF president stated, “Kizza Besigye has finally brought down the Military Court Martial. It has fallen. His bold decision to refuse to take a plea in the kangaroo court set off a chain of events leading to today’s ruling. Two months in prison is the sacrifice so that all political prisoners can be free.”
