By AGGREY BULUBA
Kampala – A recent Supreme Court ruling prohibiting the trial of civilians in the General Court Martial has caused significant disruption in Uganda’s legal and political spheres. While some anticipated an immediate release of those affected, Justice Minister Hon. Norbert Mao warned against misunderstandings.
In his address to Parliament on February 6, 2025, Mao clarified that the ruling does not automatically release civilians in military custody.
“The Supreme Court did not order the prison gates to be opened,” he stated. “It ruled that these cases should be transferred to the appropriate courts without examining individual situations.”
His comments came as legislators sought clarification on the ongoing detention of civilians. Mao acknowledged the legal challenges this decision has created, referencing past similar instances related to the Police Act. He emphasized the need for a formal implementation process of court rulings.
“The relevant authorities are working on it,” he assured Parliament, though some MPs remained unsatisfied.
Opposition Leader Hon. Joel Ssenyonyi demanded more details.
“He said various entities are involved—who are they? What are their responsibilities? We need clear answers,” Ssenyonyi insisted.
Amid the uncertainty, Ssenyonyi expressed concern over remarks from President Yoweri Museveni, who described the ruling as a mistake, and Chief of Defense Forces (CDF) Gen. Muhoozi Kainerugaba, who deemed it problematic and suggested discussion among the High Command.
Kalungu West MP Hon. Joseph Ssewungu questioned the legal grounds for holding civilians in military detention post-ruling.
“These are real lives at stake. The Supreme Court has spoken—under what law are these civilians still held?” Ssewungu challenged.
In response, Deputy Speaker Thomas Tayebwa noted that lawyers for opposition figure Dr. Kizza Besigye, who is also under trial in the General Court Martial, have filed a habeas corpus application against his detention.
“Let the law take its course,” Tayebwa stated. “Legal teams are already active. Let’s allow them to proceed.”
As Uganda navigates the consequences of this landmark ruling, it is evident that achieving justice will not be straightforward.
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