A New Dawn for Justice as Two Supreme Court Judges Suspend Military Trials of Civilians

By AGGREY BULUBA

Kampala – In a significant legal development, two Supreme Court justices have ruled that the General Court Martial lacks jurisdiction over civilians, signaling a potential turning point for justice reform in Uganda.

Justice Catherine Bamugemereire, following an earlier ruling by Justice Monica Mugenyi, has temporarily halted all civilian trials in the General Court Martial (GCM). This decision reinforces the principle that military courts should not encroach upon civilian judicial matters.

While not a final ruling, this move indicates a push for greater judicial independence. Justice Bamugemereire asserted that military courts are not intended to try civilians, emphasizing the constitutional requirements for fairness and impartiality in legal proceedings. “Judicial power must reside within the judiciary. The General Court Martial, as it stands, is not intended to try civilians,” she stated, expressing concerns about the military court’s overreach.

This ruling follows Justice Mugenyi’s earlier decision, which challenged Section 117(1)(h) of the Uganda People’s Defence Forces (UPDF) Act, allowing civilians to be tried in military courts. Justice Mugenyi criticized this practice for undermining judicial independence and failing to meet fair trial standards, advocating for reforms to enhance impartiality and legal expertise within military courts.

The implications of these rulings are significant. As the case awaits a final judgment from the Chief Justice, the suspension of civilian trials in military courts is seen as a step toward aligning Uganda’s judicial system with constitutional principles. The ruling also asserts that soldiers accused of crimes against civilians should be tried in civilian courts, reinforcing the supremacy of civilian law.

This decision comes at a crucial time, particularly as opposition figures like Dr. Kizza Besigye face trial in the General Court Martial. The ruling amplifies calls for legal reforms that protect the rights of all Ugandans, regardless of political affiliation.

As the legal landscape evolves, these rulings establish a precedent for an independent and impartial justice system, highlighting the need for continued reforms to ensure that every citizen receives a fair trial under the appropriate judicial authority.