By Mulengera Reporters
Chief Justice Bart Katurebe has demanded for quick identification, apprehension, trial and conviction of those who on Friday participated in assaulting Buganda Road Grade I Magistrate Gladys Kamasanyu as she delivered her sentence against defiance activist Dr. Stella Nyanzi who she had days earlier convicted on the offence of cyber harassment under the Computer Misuse Act.
Nyanzi, whose woes stem from her persistent obscene criticisms of the President and his family using her face book wall, was sentenced to 18 months imprisonment inclusive of the 9 months she has already been on remand at Luzira. As she read the sentence, Kamasanyu (whose impartiality Nyanzi had previously unsuccessfully challenged demanding for a new Magistrate) was faced with a harsh audience that was in court listening to her. These were mostly Nyanzi’s supporters from civil society organizations and her own FDC party.
In the ensuing melee, Judiciary spokesman Solomon Muyita says court property-including video conferencing and security equipment-was vandalized. Quoting Katurebe, Muyita says in a press release that the CJ is appalled at the conduct Nyanzi’s supporters exhibited at Court.
Katurebe is quoted as describing the acts as “uncivilized, offensive and disrespectful of the sanctity of the courts.” Besides demanding speedy investigations and apprehension of the culprits, the CJ (who years ago was equally outspoken against NRMs who attacked Makindye Court similar style) has also hinted on the need to boost judicial officers’ personal security and wants line Minister Kahinda Otafiire to expeditiously have the Kamasanyu attack tabled, discussed and resolved upon by Cabinet during their Monday weekly sitting at Entebbe. Katurebe also commends Kamasanyu for the restraint with which she acted in the face of such hostilities.
“This kind of thing is not acceptable…we condemn this kind of hooliganism in the strongest possible terms. We hope the culprits are quickly identified and brought to book,” Katurebe is quoted as saying. “We are working hand-in-hand with relevant authorities to ensure that there is adequate security for all judicial officers. I have already asked the Minister of Justice and Constitutional Affairs [Gen Kahinda Otafiire] to raise the matters of Courts’ security as a matter of urgency in Cabinet.”
New Judiciary Permanent Secretary Pius Bigirimana has equally condemned the attack on the Magistrate and vows: “judicial officers must be protected as they perform their duties.”
Judiciary Chief Registrar Esta Nambayo says Nyanzi’s supporters didn’t have to physically go after Kamasanyu since the remedy of appeal remained available to their activist in case, she remained dissatisfied with her verdict. “We know that Her Worship Kamasanyu dutifully played her part in the case of Dr. Nyanzi and anyone dissatisfied with her decision has a right to appeal rather than engaging in violence,” Nambayo said adding Courts simply adjudicate cases brought before them. “We find it callous for litigants to organize crowds to try and undermine judicial independence. If we want to be governed by the rule of law, then we must allow institutions to operate and that is why the Constitution provides for the courts.”
FDC REMAINS DEFIANT
As the judiciary leadership defends their Kamasanyu, the mood in the Nyanzi’s FDC party remains defiant with opposition Supremo Dr. Kizza Besigye taking to his social media space to declare solidarity with Dr. Stella Nyanzi and the activists that remain caged allegedly for assaulting the Magistrate during the Friday fracas. Besigye says the provocative manner in which some judicial officers conduct matters involving activists accounts for the manner in which the Stella Nyanzi crowd responded to Kamasanyu whose impartiality the opposition activists have for long been disputing majorly using social media to express themselves. Nyanzi’s lawyer Isaac Semakadde has expressed as much reservation about Kamasanyu who he wanted to recuse herself from his client’s trial.
This is what Besigye posted on his twitter; “Injustice is the strongest form of incitement to violence [in capital letters]. All peace-loving Ugandans must fight injustice in order to enjoy sustainable peace. Stella didn’t take up guns but a pen to protest abhorrent injustice and criminality. Bae strong; we shall overcome.” The defiance king’s posting attracted mixed reactions with some accusing him of incitement to further violence against judicial officers and others calling it acceptable way to express solidarity with Stella Nyanzi who equally stood up in solidarity when Besigye and Bobi Wine were separately incarcerated.
Besigye’s own aide Ronald Muhinda has continued updating the story on his Facebook praising the FDC boys and lady for the solidarity they exhibited with Nyanzi who some say incited things when she blasted the Magistrate disputing her impartiality by undressing as the sentence was being read to her. Muhinda says whereas the other 6 remain in defiant mood inside the police cells, one of them (Fred Gasagwa) has since been released on police bond after his father (a police officer) “threatened a protest” against his bosses if his son continued to be caged.
Before stressing their names, Muhinda says: “[The] other six FDC supporters [defiantly] remain in police detention for standing with Stella Nyanzi. They are defiant, strong and firm. They know they will be free while partisan Magistrate Gladys Kamasanyu is a villain.” The FDC diehards that remain in detention are Abdul Waiswa, Simon Peter Wanyera, Joel Kabalye, Fatimah Zainabu Abenabyo, Moses Katumba and Augustine Ojobile. It’s also increasingly becoming clear that the Stella Nyanzi camp has chosen to use the Kamasanyu saga to internationalize exposure of what they dismiss as a “biased partisan judiciary” as opposed to appealing against both sentence and conviction in higher courts. They seem to have seized at this as an opportunity to politic while exposing what Besigye calls court-bred injustices. (For comments, email us at mulengera2040@gmail.com).
