By Mulengera Reporters
In his newly published book, titled ‘MY LIFE: Turbulent Times & Service in the Three Branches of Government,’ former Chief Justice Bart Katureebe writes about the March 2001 encounter he had with former Defense Minister Stephen Kavuma and Deputy Premier Eriya Kategaya inside a Stockhom restaurant in Sweden.
He had been Museveni’s Attorney General for 5 years since becoming Bunyaruguru County MP in 1996 and believed was senior and conspiceous enough in government to be in the know. The period 1996-2001 had seen many long-serving Ministers and senior leaders of the Movement exhibiting fatigue and desire to leave especially elective politics.
Kategaya, Bidandi Ssali, Kintu Musoke etal had all declared desire to quit as did Bart Katurebe who in 1996 had decisively defeated Emmanuel Twarebireho and Dr. Godfrey Asiimwe Berinde (his relative) to become Bunyaruguru MP.
So in the Stockhom restaurant, as they settled for dinner one evening that March 2001, Kategaya probed Katureebe on the media reports that he indeed intended to quit politics for private life. An impression had been created in the media that many big people were quitting government and generally politics for private life as a way of pressurising Gen Museveni to consider quitting too.
Katureebe informed Kategaya he was leaving and had even written to the President about the same so that he doesn’t bother reappointing him. “Me too I’m leaving politics,” Kategaya said prompting Katureebe to suggest he shouldn’t since he was the number 2 of the Movement only 2nd to Museveni.
He innocently suggested that Senior Kategaya should stay to help Museveni finish his very last term. An evidently shocked Kategaya, perhaps appalled by Katureebe’s naivety, replied: “Do you think this is his last term? What gives you that confidence?”
Katureebe innocently responded that his cofidence was rooted in the Constitutional provisions which imposed two terms which Gen Museveni would complete in 2006 and not stand again.
His second source of confidence was what Gen Museveni had pledged in his 2001 Manifesto clearly indicating that 2001-2006 would be his very last term.
“I don’t share your optimism,” Kategaya responded breaking the news to Katureebe that the Constitution was going to be amended to enable Gen Museveni run again in 2006.
Katureebe became speechless and hoped time would prove Kategaya wrong. He writes in his book: “I was really pertubed by what I had heard first hand from a person who was in position to know. I could see himself he was worried about the prospect of amending the Constitution to remove term limits.”
Katureebe, who had been a member of the very influential Legal & Drafting Committee of the CA (1994-1995) on which many senior lawyers sat, suggested that, being a senior man Gen Museveni was known to profoundly respect, Kategaya seeks appointment and meets the President to share his fears and reservations about what then was a rumored plot to defile the Constitution.
Kategaya told him he was determined to do exactly that and had started on it except that Gen YK Museveni had resorted to avoiding him by declining his requests for a meeting during which he would formally register his protestation.
Katureebe then uses the book to register his personal view why it was wrongful abuse of trust for the Constitution to have been changed to enable Gen Museveni stay on beyond 2006. That it would depict bad faith on part of government besides eroding the public confidence Ugandans had plentifully had in the Movement.
He reflects on the fact that Ugandans tolerated the extension beyond the 4 years the Movement was initially meant to last in power. That this was enlarged on grounds there was need for more time to prepare and enact the Constitution for the country. Also that scrapping term limits “wouldn’t augur well for the future stability of the country.”
Katureebe, who went on to become Chief Justice serving under the same Museveni years later, adds: “I really hoped Hon Kategaya would be proved wrong or if the proposal was brought that Parliament would not pass it. However, as it turned out, Parliament passed the amendment.”
The ex-CJ adds in his memoirs that months later: “Hon Kategaya was sick and I went to his house to see him. I found him with late Dr. Frank Mwine and he reminded me of our conversation in Sweden and how he had been proved right. As the saying goes, the rest is history.”
In the same 331 pages book, Katureebe discusses many other things including his days and times as State Minister of Regional Cooperation under PK Semogerere, Trade under James Wapakabhulo and Health under James Makumbi before becoming AG for 5 years in 1996. He was 37 in 1988 when he first became Minister and 45 in 1996 when became AG. He originally Was both AG and Minister of Justice & Constitutional Affairs. On realising the work was too much, he advised Gen Museveni who agreed to split the roles up to this day.
He also reflects on the circumstances under which he became Chief Justice in March 2013 and the earlier work he did as AG including handling the DRC plunder case at the ICJ and the David Tinyefuza case which was the first Constitution interpretation petition to be originated under the 1995 Constitution.
Tinyefuza, then a senior UPDF officer, appeared before the Defense & Internal Affairs Committee of Parliament and gave belligerent views about how corruption and political interferance had hampered efforts to end the Kony war.
His superiors in the military were unhappy and criticized him which he protested by tendering his resignation which then Defense Minister Amama Mbabazi objected to. Tinyefuza, who later became Sejusa, protested this by petitioning the Constitutional Court accussing government of subjecting him to forced labor which the Constitution prohibited.
He won at Constitional Court but as AG, Katureebe (with the encouragement of Senior lawyer and Janet Museveni’s uncle John Kazoora now deceased) appealed to Supreme Court which unanimously overturned the decision resulting into Sejusa staying in the army longer than he desired.
Justice GW Kanyeihamba wrote the lead judgment and has no regrets up to this day even when his decision politically gagged Sejusa from legally challenging Museveni for more than 20 years. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
