Poor rarely get justice in Ugandan courts – Justice Kasule

Justice Remmy Kasule of the Court of Appeal, also chairman of the Uganda Law Council, has called upon parliament to expedite the passing of the Legal Aid [private member’s bill] and Administration of Justice Bills in order to ease access to justice in the country.

Kasule was speaking at a workshop organised at Imperial Royale Hotel, Tuesday by the Justice Law and Order sector partners; LASPNET, Democracy Governance Facility and the United Nations Development centres in partnership with the Uganda Law Society and the Greater North Parliamentary Caucus. Kasule said access to justice is a fundamental human right that must be respected.

Justice Remmy Kasule at an earlier event

“Law requires knowledge; just like when you take poison, you need qualified doctors to treat you. Its only Uganda in the East African community, which has not enacted these laws; neighbouring countries have similar laws in place and effectively serving their people,” Kasule said.

He said the lack of free representation for the poor has been exploited by the rich, who know that ordinary people cannot try them in courts of law because legal representation in Uganda is quite expensive. Others, he said, lack knowledge on how and where to go when seeking redress.

Kasule said the passing of the Administration of Justice Bill will particularly enhance and strengthen the independence of the judicial system to fulfil its mandate as required of them by the Constitution.

He said it’s only a properly funded judiciary that can effectively and efficiently work as the third arm of government.

“We cannot do justice if we are fearful or by choice basing on different characteristics of people to adjudicate,” Kasule said.

LAPSNET executive director Sylvia Namubiru Mukasa explained that they have been working since 2008 to have the bill passed in order to operationalize the provisions of the Constitution that talk about equality before the law expeditious judicial services, fair compensation and many other provisions.

“The rationale was initially to improve and propel the independence of the judicial system, provide free judicial services to vulnerable people like the poor, children, women and other incapacitated people in societies, establishing judicial council with the aim of empowering judicial officers with more authority to even be in position to appoint and carry out disciplinary action on their staff among others,” Namubiru said.

Samuel Akena director of Prisons also welcomed the push to have the bill passed saying this will reduce the overcrowding in their facilities which he attributed to the slow judicial process resulting into long stay on remand before trial. “Over staying in prison is violation of human rights,” Akena said.

Gulu municipality member of parliament Lyandro Komakech vowed to push parliament to pass the bills saying they are very crucial.

“I’m going to make sure that this private member’s bill is put on the order paper the coming week. I expect overwhelming support from the parliamentarians because the bill is nonpartisan,” Komaketch said adding that the bill also has the support of the minister for Constitutional Affairs, Gen Kahinda Otafiire and the deputy speaker of parliament Jacob Oulanyah .