ULS Newsletter Issue 22 - Uganda Law Society

ULS
Newsletter
Issue 22
August
2012
Issue 17
18 th January 2013; High Court Gardens- The Hon. Chief Justice Benjamin Odoki addresses ULS
members and members of the various Arms Of Government; at the opening of the New Law Year
JAMES. M. SSEBUGENYI
PRESIDENT
0772763763
president@uls.or.ug
KAHUNGU TIBAYEITA
COUNCIL MEMBER
0772518098
kahutiba@yahoo.com
ASSUMPTA KEMIGISHA
COUNCIL MEMBER
0772496891, 0701496890
akemigisha@yahoo.co.uk
STEPHEN MUSISI
VICE PRESIDENT
0772 719 658
vp@uls.or.ug, smusisi@uls.or.ug
HARRIET MAGALA
TREASURER
0772623695
treasurer@uls.or.ug
CHEBORION BARISHAKI
REPRESENTATIVE
STELLA NYANDRIA
REPRESENTATIVE
PAUL OCHAYA
COUNCIL MEMBER
0772608531
paulochayaachellam@yahoo.co.uk
SHABAN KULE MUZIRANSA
COUNCIL MEMBER
0772446554, 0772446544
muziransaadvocates@gmail.com

Fraternal greetings
from the Executive
Council, Management
and Staff of Uganda
Law Society!
This February
Newsletter edition is
dedicated
to
sensitizing and reminding the membership about the
forthcoming AGM and the necessity to start preparation
for looking for the next team of leadership for the ULS
2013-2015. To identify and understand the leadership
qualities required for the different roles, let alone the
duties involved.
As President for the last 18 months, I can give an insight
that the job is demanding, tough but interesting and
gratifying under the Maslow’s Hierarchy of Needs.
Members of the fraternity should read the content herein
regarding the duties the officers of the Executive Council
have to perform on a day to day basis to support the
Management.
What this newsletter hopes to direct the membership
about on the forthcoming ULS elections is similar to the
saying that:
“We are pointing out to you the stars and
hope that you are not looking and seeing
only the finger tip”.
During the remaining 43 days of our term of office at the
helm of the ULS leadership, we hope to fulfill those few
remaining activities, goals and targets we set out to do.
In February we plan to have the reknown “Probono Day”
a countrywide showcase of our magnanimity and
patriotism as a profession to the communities we live in
and to the indigent in society. Please close off the date of
28 th February 2013 and join us as we march to the
different planned venues for the Probono day. Details of
the venues, activities and agenda are in the body of this
newsletter.
As you have all noticed, on a daily basis we see media
reports on matters which require our action as they fall
within our mandate. Within our means and time we
FOREWORD FROM THE PRESIDENT
respond and take action.
In some instances we use advisory approaches and in
some instances we use confrontation approaches. In
essence we have adopted a voice of reason and
objectivity and impact style to ensure nothing is missed.
We know that in some instances some of you have been
disappointed and expressed your views.
Rest assured members that we are committed to the job
up to the last date of our term.
On a very serious note, I wish as President to advise that
this being an election year only those who are fully paid
up as members of ULS will be allowed to vote and to
attend the AGM slated for 23 rd March 2013. Kindly pay
up your subscriptions to avoid missing out on this
opportunity!
We wish to thank all of you who attended the opening of
the New Law Year on 18 th January 2013. The Chief Justice
was very happy and expressed gratitude for our honoring
the invitation. I wish to add that we have upped the game
on our relationship with the Judiciary and they now have
a lot of confidence in ULS as a partner, supporter and
defender of their rights.
Lastly, we live in interesting times. There is a saying that:
“When the rhythm of the drums change,
the dancers must also change their steps”
“Good things come to those who wait but
only what’s left over from those who
hustle.”
Uganda Law Society is changing steps to suit the rhythm
and we are ready to get the good things.
Good reading of the February 2013 Newsletter.
Thank you.
FOR GOD AND MY COUNTRY.
JAMES MUKASA SEBUGENYI
PRESIDENT UGANDA LAW SOCIETY
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ULS Newsletter Issue 22– 2013

ULS PRESIDENT’S SPEECH AT THE OPENING OF THE NEW LAW YEAR 2013, AT THE HIGH COURT OF UGANDA
Your Lordship the Chief Justice,
Your Lordship the Ag. Deputy Chief Justice
Your Lordship the Principal Judge,
Honorable Justices of the Supreme Court
Honourable Judges of the Court of Appeal
Honourable Judges of the High Court
Your Worships, the Chief Registrar and Registrars.
The Attorney General
The Solicitor General
The Director of Public Prosecutions
The Registrar General
The Administrator General
The Inspector General of Police
Religious Leaders present
The Lord Mayor of KCCA
The Executive Director, KCCA
Colleagues from the Legal Fraternity,
Distinguished Guests
Ladies and Gentlemen,
All protocol observed,
Let me begin by expressing our gratitude in respect to this
invitation by His Lordship the Chief Justice, to participate in the
opening of the New Law Year and to bring you compliments
from the Membership, Executive Council and Secretariat of the
Uganda Law Society.
Honorable Chief Justice, at the beginning of each year, a
ceremony like this acts as a time of new beginnings and to
consolidate on past achievements and address past shortcomings
as stakeholders in the justice sector. It also serves to SET NEW
TARGETS AND BENCHMARKS FOR THE PRODUCTIVITY OF
THE ENSUING LAW YEAR.
This tradition is one of those we have inherited from the English
legal system after which we have modeled our own legal
superstructure. It is a good practice, worthy of being retained
because it affords the leadership of the Judiciary and justice
sector an opportunity to review the events of the past year and
to FORMULATE BEST PRACTICES FOR the evolving year.
The Bar on its part, is an indispensible partner of the Judiciary,
particularly in the business of the administration of justice, it is
therefore, always, our concern that the streams of justice are
delivered to all without fear or favor or discrimination.
Honorable Chief Justice, as the legal fraternity, we industriously
took part in all judiciary activities, events and sessions and
promise do the same this year.
On behalf of the Uganda Law Society, I want to thank you for
the invitation to attend the just concluded 15 th Annual Judges
Conference held from 14 th to 17 th January, 2013.
This Conference which I attended as delegate for ULS had the
theme -
“MANAGING A MODERN AND RESPONSIVE JUDICIARY”.
As ULS, you gave us an opportunity to present a paper on the
subject – “The State of Judicial Integrity in Uganda”.
In our paper we highlighted issues which tarnish the integrity of
the Judiciary, namely corruption, conflict of interest and bias,
interference with your independence, delayed judgments, poor
time management, discipline, etiquette, transfer of judicial
officers and performance. We also took recognition of the
challenges you are experiencing particularly the failure by the
Fountain of Honor to appoint new Judges and to address issues
of your working condition.
The discussion and debate generated by our presentation led to
resolutions and recommendations to be adopted during this new
Law Year to achieve our common interest, judicial productivity.
Judicial integrity is the attribute of righteousness. The
components of integrity are honesty and judicial morality. A
judicial officer should always, not only in the discharge of official
duties, act honorably and in a manner befitting the judicial
office, be free from fraud, deceit and falsehood, and be good
and virtuous in behavior and character. There are no degrees of
integrity as so defined. Integrity is absolute. In the judiciary,
integrity is more than a virtue; it is a necessity. It is an absolute
essential ingredient of the judiciary that without it, the judiciary
becomes an empty shell serving other purposes other than
delivering justice and upholding the rule of law and for lack of
it, the judiciary loses public confidence.
Judicial powers are derived from and exercised in the name of
and in conformity with the law and the aspirations of the
people. Public confidence in the judiciary is thus important for
any judiciary. It is not a popularity contest for if it is the regalia
of the judges, it would be of no help; rather confidence in the
judiciary is founded not only on the competence and diligence
of its members, but also on their integrity and moral uprightness.
A judicial officer must not only be a competent and a good
judicial officer but also a good person. From the public
perspective, a judicial officer has not only pledged to serve the
ideals of justice and truth on which the rule of law and the
foundations of a democracy are built but also promised to
embody them. Accordingly, the personal qualities, conduct and
image that a judicial officer projects affects those of the judicial
system as a whole and, therefore, the confidence that the public
places on it.
Accordingly, the personal qualities conduct and image that a
judge projects affect those of the judicial system as a whole and,
therefore, the confidence that the public places in it. The public
demands from the judge, conduct which is far above what is
demanded of their fellow citizens, standards of conduct much
higher than those of society as a whole; in fact, virtually
irreproachable conduct. It is as if the judicial function, which is to
judge others, has imposed a requirement that the judge remains
beyond the reasonable judgment of others in matters that can in
any reasonable way impinge on the judicial role and office.
Consistent with the principle of judicial independence, the
judiciary has the primary duty to assert and protect its integrity
and the integrity of the processes over which the judiciary
presides. The Uganda Code of Judicial Conduct quotes the
notion that “Integrity is the bedrock of the administration of
justice.” The question that confronts us and that, which we must

interrogate, is what then is the current state of judicial integrity
in Uganda?
The Ugandan Judiciary has grown in leaps and bounds over the
last 50 years of independence from a timid and subdued
judiciary post independent judiciary to a growing and more
assertive judiciary in the last ten years. This growth has been
both in terms of the quality and quantity of judicial officers and
the quality of decisions. The judiciary operates with relative
independence; there are systems in place to improve the
judiciary such as the Judicial Integrity Committee and the Bar-
Bench Forum. These are important milestones we ought to not
only celebrate but consider making more effective.
But the act of self-praise denies us the opportunity to reflect on
our failures. For, to compare the Judiciary and its State of
integrity today to the judiciary in the pre-NRA regimes would
only give a rosy picture of our growth. But rather than indulge
ourselves in comparing ourselves with our past, important as it
may seem, we would rather measure our state of integrity by
just how far short we fall of the ideal or aspirational standards.
While our judicial officers continue to labor under difficult
conditions such as low pay, inadequate numbers – Supreme
Court and Constitutional Court not fully constituted - poor
accommodation and terms of service, the confidence of the
public in the judiciary continues to plummet on account of
alleged ineptitude, corruption, politicization, delayed judgments,
absenteeism from courts and a myriad of other complaints.
These might be allegations, they might be perceived or real,
some may even be unfair, biased while others may be real but
the sum total of it all is a dent of public confidence in the
judiciary. The slow progress in addressing these complaints or in
cases where they have been addressed, the secret manner of it,
does not assist in winning back public confidence. Simply
transferring judicial officers complained about in one jurisdiction
to another is one such example of a bad approach to dealing
with and engendering judicial integrity. A robust, fair,
transparent approach to dealing with transgressions alleged or
real is certainly more helpful in regaining public trust. Simply
consigning allegations of corruption and ineptitude to
committees that take years on end to have a final report and
enforcement of those reports, if at all, slows down any attempt
to win public trust in the Judiciary.
As members of the Bar we shall strive in this New Law Year to
do the following:
Comply with the Case Backlog Reduction Strategy as
shall be modified and advised so that in 2013 we can all
post better production results of case disposal.
We are going to embrace ADR and this is going to form
a big component of our Continuing Legal Education
Calendar.
We invite the respective Divisions to organize joint
training or sensitization seminars/workshops or
consultative meetings to push this agenda. Settlement
weeks, settlement sessions and case backlog reduction
Court sessions will be welcomed and we undertake to
participate positively.
“Always do right, this will gratify some people and astonish the
rest”.
To the Advocates, Litigants and general public which utilises the
services of the Judiciary, I stand here to make the following
requests:-
1. Let us avoid corrupt tendencies which erode the
integrity and independence of the Judiciary. Justice is
not for sale. Offering bribes for justice is not a solution
but a vice which is corroding our institutions.
2. Advocates and Litigants, Court time is not unlimited, use
it effectively. When given an opportunity stand up,
speak up and give another litigant party an opportunity
to the scarce resource of access of justice.
CONCLUSION
Overall, the Uganda Law Society would urge a paradigm shift to
a sanction regime that is predictable rather than a committee
approach to dealing with public complaints about the judiciary.
We will play our role in holding to account members of the Bar
involved in facilitating these sorts of practices and urge the
judiciary to do the same if we are to restore public confidence in
judicial processes. We commit to a policy of “No Rogue Lawyer
and No Rogue Judicial Officers” to restore public confidence in
the judiciary and its processes.
My Lord, the Honourable, the Chief Justice and the whole
Judiciary, as the Bar, we wish you strength from God Almighty
to carry out your duties. We also appreciate that majority of the
judicial officers who conscientiously and diligently carry out their
duties in tough conditions. The Bar supports the judiciary in all
of its endeavors and aspirations and we will always stand when
you come under unwarranted attacks and we pledge to be your
confidants and colleagues in upholding the Rule of Law and the
Independence of the Judiciary.
On the part of the Bar, ULS looks forward to 2013 full of rule of
law.
My Lords, Worships and Members of the Legal Fraternity, we
now live in interesting times in all aspects.
These few quotes can either guide or give direction on all the
pending issues for our Judiciary, rule of Law and good
governance:
1) When the rhythm of the drums changes, the dancers
must also change their steps.
2) Good things come to those who wait but only what‟s
left over from those who hustle.
3) In moments of social and ideological strife, every
onlooker is either a coward or a traitor.
I Thank You All for your kind attention,
FOR GOD AND MY COUNTRY.
James M. Sebugenyi.
President-Uganda Law Society
ULS Newsletter Issue 22– 2013

CONSTITUTIONAL AWARENESS IS PARAMOUNT
Brian Kisomose
Paralegal, Legal Aid Project,
Uganda Law Society
It is of great importance in a democratic
state that the people are aware of their
rights and obligations to the state. This,
in one way or another, guards against
the violation of the same. Article 4 of
the 1995 Constitution provides that, the state shall promote
public awareness of the same by translating it into Ugandan
languages and widely disseminating it under the same Article.
The Constitution should be taught in all educational
institutions, inclusive of armed forces training institutions. As a
way of promoting public awareness regular transmitting and
publishing programs through the media should be done.
I have noted that in as far as promotion of public awareness of
the Constitution is, it is only law students who get a chance to
be taught about the Constitution. I believe that simpler
versions of the Constitution should be published and made
readily available to students right from primary level, subjects
and course units in relation to the Constitution be provided for.
The syllabus and course outlines of different institutions at
least should include a subject or course unit about the
Constitution.
The law in Uganda also provides that ignorance of the law is no
defense, so how appropriate is this principle of law when in the
actual sense its existence and amendments has not been made
aware to the public .Let this not be seen as a pretext to rule
the people in the dark shadow of the law or else a motion
should be moved by the legal fraternity and concerned
authorities to recognize ignorance of the law as a defense in
contrast to section 6 of the penal code Act cap 120 as
amended.
I call upon the concerned ministry and other stakeholders to
seriously put the issue of promoting awareness of the
Constitution into consideration and government should
allocate resources to have it translated in various Ugandan
languages and taught in educational institutions.
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THE CORRUPTION GRIDLOCK
Has the Ugandan a conscience?
Have guilt and shame become as scarce a
commodity as gold?
Do we care somehow, but have been over
powered?
Or are we just cowards, afraid to bell the cat?
Perennially afraid of trying, making our
leaders more inveterate?
Looting, pillaging and outright theft are
commonplace;
In our locales, homes and offices;
Curtailing our own moral authority to
question the state actors’ indiscretions;
On one hand thieves are detested;
But in the same vein considered blessed;
We have decried, shunned and condemned
corruption;
But the benign boil continues to fester and is
now a malignant tumour!
In labour, mothers breathe their last;
On the roads, carnage daily claims lives;
In schools, the nation’s children can neither
read nor write;
Wider, the chasm between the rich and poor;
Shall we in our warm nests repose without a
care?
And awaken only when the scourge knocks at
our door?
If we all agree to close the ranks behind the
fight against this monster,
Then plug the bleeding coffers we must!
By: Eunice Musiime Kataaha

UPCOMING CLE EVENTS
ACTIVITY DATE CLE POINTS FEE
The Future of the Law 20th February 5 150,000/=
Career Development & Team Building - 26th February 3 50,000/=
Mbarara
ULS Pro Bono Day 28th February 2 FREE
Personal Finance Management - Mbarara 12th March 3 50,000/=
Shareholder Agreements, Corporate
Mergers & Acquisitions
14th March 5 150,000/=
ULS Conference and AGM 22nd - 23rd March 10 FREE
Pro Bono Day 2013
“We make a living by what we get, but we
make a life by what we give." Sir Winston
Churchill
As members of the legal profession, we not only owe
our clients a duty to serve them in the best way we
professionally can, but also a social duty to assist those
who need, but cannot afford legal redress. In that
regard, ULS, partnering with the Law Council and the
Democratic Governance Facility (DGF) invites all its
members to come participate in this year‟s Annual
Regional Pro bono Day to be held on the 28th February
2013 through providing free legal advice, counseling and
standard document drafting to walk-in indigent clients!!
This event will be held at the Parliamentary Gardens in
Kampala, Busoga Square in Jinja, Boma Grounds in Fort
Portal, Arua Hill playground in Arua and at our Legal
Aid offices in Gulu, Mbarara and Soroti. We shall
communicate the venue for Masindi. Pro Bono desks will
be set up at the respective venues by 9:00 am.
Let us stand up and be counted as we change lives by
providing free legal services to those among us who
cannot afford the services of a lawyer!
Margaret Mead once said „‟Never doubt
that a small group of thoughtful,
committed citizens can change the world.
Indeed it is the only thing that ever has‟‟
EGM Update
At the ULS EGM held in November 2012, the
Executive Council was tasked to contact relevant
organs within the Executive, Parliament and all other
stakeholders notifying them of the resolutions and
the need for them to take action. As resolved the ULS
President led a team of Council members to deliver
the Petition and Resolutions to the Deputy Speaker
of Parliament; Minister of Justice and Constitutional
Affairs; and to the Chief Justice of Uganda.
ULS Annual Conference and Annual
General Meeting
SAVE THE DATE!
22 ND – 23 RD MARCH 2013
IMPERIAL RESORT BEACH HOTEL, ENTEBBE
On March 22, 2013, the Uganda Law Society (ULS)
will host its Annual General Meeting (AGM) at the
Commonwealth Resort Munyonyo under the theme:
“Accountability in Governance: Ensuring Integrity &
Mitigating Professional Risk.”
The AGM will be preceded by a one-day Pre AGM
Annual Conference at which all members of the legal
fraternity in Uganda will congregate to dialogue on
issues affecting the profession and how these can be
addressed to better serve the Ugandan and greater
East African Community. Representatives from sister
Bar Associations in the East African Community
region will also in attendance.
Further, this year is an election year and ULS will
elect and usher into office a new ULS Executive
Council.
Some of the benefits of attending the Conference will
include:
Up to 10 hours of continuing legal education
and continuing professional development
Enhancing networks with other professionals in
the region
Meeting and creating rapport
Strategizing for the year
Participating in the election of the new ULS
Executive Council
A detailed programme will be communicated soon.
Advocates Coalition for Development and Environment (ACODE)
The 2012 Global Go To Think-Tank Report was released on Thursday 24th January 2013. ACODE was ranked the
second best Think-Tank in Uganda behind EPRC (1st position)in the year 2012. ACODE ranked 25th among the top
50 Think-Tanks in Africa. The third in Uganda is Makerere Institute of Social Research –MISR (ranked 37th among
the top 50 Think-Tanks in Africa. In addition, out of the 75 Think-Tanks with the Best Advocacy Campaign, ACODE
is ranked 38th and MISR 69th. Furthermore, ACODE is ranked 17th globally among the top Think-Tanks with the
Best Policy Report Produced during 2011-2012.
The full report can be read accessed by clicking here.

ULS – JANUARY IN PICTURES
The team from the ULS that went to present the EGM Resolutions to the Hon. Minister of Justice and Constitutional Affairs Hon. Kahinda
ULS Members assemble to await the arrival of the Hon. Chief Justice at the
opening of the New Law Year 2013
The Hon. Chief Justice addresses the attendees of the opening of the New
Law Year 2013
ULS President James Sebugenyi makes his remarks at the New Law Year day
A team from the ULS meet with the Resident State Attorney of Kabale
on a recent monitoring trip

The ULS Management team undergoing a management training seminar
The ULS Monitoring and Evaluation team pose for a photo with part of
the team at the ULS/LAP clinic in Masindi
The ULS Monitoring and Evaluation team pose for a photo with part of the team
at the ULS/LAP clinic in Kabale
ULS team from the Secretariat at a recent visit to the ULS/LAP
Jinja clinic pose for a photo with some of the clinic staff
The ULS Monitoring and Evaluation team pose for a photo with part of the team at the
ULS/LAP clinic in Arua

UCC SUED OVER SIM CARD REGISTRATION
Journalists under the Human Rights Network for Journalists - Uganda
chapter (HRNJ-U) have gone to Court to block the planned switching
off of unregistered SIM cards by the Uganda Communications
Commission (UCC). Through Web Advocates and Legal Brain Trust
(LBT), HRNJ-U on Thursday filed a civil suit seeking, among other
things, a declaration that the UCC order to switch off unregistered SIM
cards by March 1, 2013 or any other deadline set without obtaining
parliamentary approval is inoperative, null and void.
“The Applicant [HRNJ] is seeking a declaration that the Respondent
[UCC] and their servants or agents have not carried out structured
and sufficient public consultations, sensitization and awareness-raising
activities to justify the imminent switching off of the users of
unregistered SIM-cards on 1st March 2013 or any other deadline set
by the Respondents without obtaining parliamentary approval,” the
plaint says in part.
Click here for the full story courtesy of The Observer.
HUMOUR
Flight Emergency
“Noticing they were having
engine trouble, the pilot
instructed the crew to have
the passengers take their
seats and prepare for an
emergency landing. A few
moments later, the pilot asked
the attendants if everyone
was buckled in and ready.
"We're all set back here,
Captain," an attendant
replied "Except for one lawyer
who is still going around
passing out his business
cards!"
ABOUT ULS
The Uganda Law Society (ULS) is a body corporate established by the Uganda Law
Society Act (Cap 276) with statutory objectives among others to improve professional
standards of its members, and promoting human rights and rule of law in Uganda.