ULS calls for immediate reversal of Justice Faridah Bukirwa’s removal

The Uganda Law Society (ULS) has called for the immediate reversal of Justice Faridah Bukirwa's removal.

This call follows a letter from Principal Judge Dr. Flavian Zeija, who recently instructed Acting Jinja High Court Judge Faridah Bukirwa Ntambi to hand over all judiciary property and files in her possession.

In a letter dated August 8, 2024, to Justice Bukirwa, Judge Zeija explained that the judiciary had not received the official instruments confirming her appointment as a substantive judge.

"Since your acting period as a High Court judge expires on August 15, 2024, please hand over your office, all judiciary property, and case files to the head of the Jinja High Court Circuit while we investigate why your appointment instruments were not received," the letter states.

Justice Bukirwa came into the spotlight last year after issuing a controversial High Court order that allowed three Muslims to convene the Uganda Muslim Supreme Council (UMSC) General Assembly.

She directed the applicants to elect a neutral chairperson, convene the General Assembly at a neutral venue, and report the meeting's resolutions to the High Court.

The UMSC leadership responded with an uproar, accusing Justice Bukirwa of issuing orders in violation of the UMSC Constitution. UMSC then sought a judicial review of the orders before the High Court in Kampala.

In his ruling, the Principal Judge suspended the implementation of the resolutions from the contested General Assembly held at Ggangu Muslim Primary School and referred the matter back to Justice Bukirwa for review.

During the hearing, UMSC accused Justice Bukirwa of bias and conflict of interest, leading the Principal Judge to reassign the matter to another judge in the Kampala High Court.

In response, ULS President Bernard Oundo has advocated for a more transparent and impartial process for the appointment and removal of judges to ensure the integrity of Uganda’s judicial system.

"In the clear absence of criteria and process for confirmation, Justice Bukirwa Faridah’s removal should be urgently rescinded, and the letter from the Principal Judge should be recalled," Oundo said.

He emphasized the need for a judicial system made up of independent and competent officers.

"The hallmark of a functional judicial system is that it should be composed of judicial officers who are independent, politically impartial, honest, and competent," Oundo added. "This is crucial for upholding the rule of law and maintaining a strong and resilient democratic constitutional order."

ULS also expressed concerns about the impact of acting appointments on judicial independence.

"Acting appointments undermine the security of tenure for judges and violate judicial independence," Oundo stated.

"Appointees are likely to perform their duties with fear of retribution, expectation of favor, or both."