Kampala, Uganda | The Uganda Law Society (ULS) has officially recalled its representatives from the Judicial Service Commission (JSC) due to their extended tenure without re-election, a situation deemed illegal. This decision affects Norah Matovu Winyi and Ruth Sebantindira, a former ULS President, who have represented the ULS on the JSC since their last election approximately nine years ago.
In an Executive Order issued by ULS President Isaac Ssemakadde, it was highlighted that all ULS representatives on statutory bodies who were not elected according to the ULS Elections Regulations of 2016 are being recalled. This includes the two mentioned representatives, who have been characterized as holding their positions unlawfully.
The backdrop to this decision is a High Court ruling from February 2024, which stated that the practice of appointing ULS representatives to statutory bodies without holding elections contravenes the 1956 Uganda Law Society Act. This ruling was the result of a petition by lawyer Steven Kalali, who argued that the lack of elections infringed on the rights of ULS members and undermined democratic principles.
While the previous ULS Council, led by Bernard Oundo, had appealed the ruling, Ssemakadde announced the withdrawal of this appeal and communicated the recall directive to the relevant authorities and individuals involved.
The ULS is now focused on promoting internal democracy and maintaining the integrity of the JSC, aiming to ensure that judicial appointments are based on merit, transparency, and accountability. The society expressed concern over recent judicial recruitment practices that have not adhered to these principles, leading to public dissatisfaction.
As part of this reform, the ULS Council is tasked with convening an extraordinary general meeting by December 31, 2024, to elect new representatives to the JSC and other statutory bodies. They also plan to launch a campaign advocating for merit-based appointments and increased representation within the judiciary.
Kalali's petition identified 34 statutory bodies where ULS holds representation, arguing that the longstanding tenure of certain representatives violates democratic principles and prevents others from participating. He emphasized that the election or nomination of representatives should involve the approval of the respective members they represent, aligning with good governance and rule of law.
In contrast, the previous ULS leadership argued that holding separate elections for each representative position would be financially burdensome and impractical given time constraints.
This recall and the ongoing reforms reflect a significant shift in ULS governance, marking Ssemakadde's commitment to addressing issues of representation and accountability within the organization. This follows a recent suspension of representatives from the bar to the ULS Council by Ssemakadde, indicating a broader initiative to enhance the functioning and democratic processes within the ULS.
