By John V Sserwaniko
The enormous power Justice Catherine Bamugemereire currently wields has continued causing debate in media, judicial, corporate and political circles. DP President Norbert Mao tested this when he casually shared a video clip of her battling Deputy Attorney General the belligerent Mwesigwa Rukutana. Mao shared this on a whatsapp forum comprising of LDC alumnus of Bamugemereire’s year. It’s a powerful whatsapp forum comprising of powerful people including army generals like James Mugira, judges, lawyers, politicians and other big name citizens. But the indifference with which members reacted to Mao’s video indicated how much feared Bamugemereire has become. Fearing to be misunderstood, many preferred to privately comment on the video inboxing chatting with those they trust as close friends (on the same forum). Clearly many wished to say out many unflattering things but they were clearly overcome by fear of the unknown. Practicing lawyers feared negative commentary could be counterproductive in case one appears before Justice Bamugemereire someday. Fellow judicial officers feared that Bamugemereire, who the President is understood to be preparing for future Chief Justice, might become their boss someday and take matters personally in case they criticize the way he handled Rukutana. Politicians on the forum too were timid in case they find themselves appearing before her inquiry someday. Some privately claimed she should have handled matters better but none of them had guts to post anything negative in response to the video posted by Mao who too was unusually very guarded. Away from the whatsapp forum, in State House influential employees competed to be the first one to give a phone call directly to her giving words of encouragement and promising to prompt the President to stand in solidarity with her by publicly condemning his minister Rukutana for the belligerent approach he exhibited. “It was very clear most of these guys were calling to win her favor having come to the conclusion she is being prepared for something very big in the not-so very distant future,” said a State House insider conversant with the dealings between Janet and Yoweri Museveni on one hand and Justice Bamugemereire on the other.
POWERFUL LADY
A number of factors explain why Bamugemereire has built so much clout in such a short time. Back in the day as a Magistrate at Buganda Road Court, Bamugemereire presided over Greenland Bank proprietor Dr. Suleiman Kiggundu’s criminal trial. The state accused him of committing crimes that resulted into closure of his bank. Erias Lukwago was the defense lawyer. It was a politically very significant case given that before the closure of the bank, Kiggundu had been summoned to Rwakitura where Museveni directly accused him of using the bank to fund activities aimed at his ouster from power. He was also accused of connections to Sudanese fundamentalist leader Hassan Tourabi. Indeed many Muslims and Ganda co-ethnics saw the trial as a witch-hunt to one of their own. As part of the defense strategy, Lukwago got his client to agree to implicate the President’s brother Gen Salim Saleh and son Muhoozi Kainerugaba. A document to that effect was authored by Kiggundu and tendered before court. Lukwago then demanded the summoning of the two as defense witnesses. Kampalans held their breath as they waited to see the powerful duo in court. This never happened and according to opposition Chief Spokesperson Betty Nambooze, Bamugemereire played a key role that later politically shielded and got the Musevenis out of trouble. It was announced the case couldn’t continue because the trial Magistrate had got a scholarship for her graduate studies in the US. Nambooze along with Yusuf Nsibambi, who was the other Kiggundu lawyer, says it was a matter of time before the Musevenis reciprocated by rewarding Bamugemereire. Nambooze has never forgiven Bamugemereire for chairing a public inquiry whose conclusion culminated into Lukwago’s impeachment from Kampala Lord Mayorship. That Kiggundu trial is just one aspect of how Bamugemereire began building her connections in the corridors of power. Another version seemingly contradicting Nambooze’s view speaks to how Bamugemereire came to chair the Lukwago inquiry. That as Kampala Minister, Frank Tumwebaze was tasked by the President to identify a suitable judge to chair the KCCA inquiry and one of the veteran city lawyers recommended Bamugemereire whose appointment adherent to this narrative say was a Tumwebaze initiative and didn’t have anything to do with the H.E. Yet the manner in which Museveni has tasked her with now three public inquiries in a row creates an impression he doesn’t see any other judge with similar or even better credentials. After KCCA, she headed the UNRA inquiry whose findings led to the purging of many old guards at UNRA and paved way for Allen Kagina’s ascendance. Before the dust raised by the UNRA report could settle, Museveni gave her another assignment to probe into land matters. He had previously elevated her from High Court to Court of Appeal Judge in a manner critics felt was rushed because she moved ahead of other more senior colleagues on the bench. Some MPs tried to mobilize against her elevation but the move was thwarted on realizing the President wouldn’t back off that easily. The ongoing land assignment is unique in many ways. Not only has it given Bamugemereire more clout and visibility but it has also been interpreted as key to the politically very expedient interventions Museveni intends to make into land management including creating a Land Authority onto which many senior cadres could lucratively be deployed after 2021 elections. The Authority is expected to merge the mandates of agencies like NEMA, NWSC, NFA, EWA, Uganda Land Commission, partly KCCA and others. The Bamugemereire inquiry, it’s expected, will make some comprehensive recommendations to that effect, something Museveni will pick on to actualize many land reforms whose absence he has been complaining about since the enactment of the 1995 Constitution. As he joined visiting Presidents to promulgate the new Constitution, Museveni said there were three things he wasn’t satisfied about and one of them was the position CA delegates took on land. It’s understood the President will use of the recommendations of the Land Inquiry report as an entry point for that rectification.
THE JANET LINK
One source of strength for Justice Bamugemereire is that she is personally very close to the First Lady Janet Museveni. A few years ago, her father died and Janet showed solidarity by driving to her Kampala home where she commiserated with the family as they mourned their loss. This sent a strong message to adversaries who previously had underestimated the depth of her connections to State House. One time during the UNRA hearings, lead Counsel Andrew Kasirye felt she was harsh in the way she showed displeasure with how he handled the day’s witness examination. The proceedings had been televised and Sr. Counsel Kasirye felt she had humiliated him too much. He pondered seeking legal remedy in court but he was advised that escalating things that far would alienate him from key backers of the judge including the First Lady. Kasirye grumblingly backed off and let go. There are also many legislators who resent her methods of work including those who tried to demand accountability for the billions allocated to the land inquiry. However, they backed off on realizing how powerfully connected Bamugemereire is. Some of the people she currently works with very closely include Speaker Rebecca Kadaga, PPS Molly Kamukama, the President’s Press Secretary Don Wanyama and her fellow Gishu Irene Muloni. The other factor why especially NRM MPs are fearful to denounce her publicly relates to the fact that many of them have been told her ongoing inquiry is meant to directly feed into President Museveni’s 2021 campaign narrative and antagonizing her risks anyone being misunderstood for sabotaging Mr. Museveni’s reelection.
DEMISTIFYING THE MIGHTY
The ease with which people previously thought to be too powerful have bowed to her authority and appeared before the Commission has also spoken volumes about the consequences of standing in her way. These include Gen Kahinda Otafiire, PPS Molly Kamukama, her line Ministers Betty Amongin and Parsis Namuganza. Even Generals have trembled before her and it’s only recently promoted Gen Oketta whose land-related transgressions she overlooked because the President intervened saying “leave that to me I will handle.” That the President’s Principal Private Secretary Molly Kamukama would appear without hesitation to shed light on the impact of Presidential directives on land-related matters sent out strong signals that anyone defied Bamugemereire summons at their own peril. That she would without hesitation also discomfort her boss the Chief Justice implied to many how daring Bamugemereire had become. Chief Justice Bart Katureebe is on record publicly crying out questioning reasons why Justice Bamugemereire directly registered her concerns with the President rather than through judicial channels when she felt some judicial decisions interfered with her work. Subsequently, Museveni noticed the animosity and called for a meeting to reconcile the two Judges. Katureebe came with a delegation that included Deputy AG Mwesigwa Rukutana but Bamugemereire (who was expected to bring the entire Commission) only brought Owek Robert Sebunya along. This created a false impression that there was uneaseness between her and other Commissioners some of whom haters claimed were uncomfortable working under her. It was claimed some of them would have quit but hang in there because of the hefty allowances coming with the assignment. It was claimed she perceives some members as too political, materialistic and unsuitable for the task at hand. This is why it’s being rumored that if she is to ever chair any other inquiry, Bamugemereire will prefer choosing her team of the Commissioners to work with. In the current assignment, determining her own CIID & security detail was one of the things the State allowed her. They include Israel Ochwo and another gentleman who previously worked with the Inspectorate of Government (the IG).
MISUNDERSTOOD?
She has also possibly been misunderstood sometimes. For instance her approach of never tolerating what she perceives to be nonsense boldly shutting up would-be bullies has caused her to be accused by some of being an attention-seeker yet in actual sense that is who she is even inside her own Chambers as a Judge at Family Division where she always rebuked lawyers she perceived as floppy. Those used to be low profile sessions without any media cameras but she always acted in the same way which means what the Rukutanas construe as acting to capture media attention is actually her nature. The manner in which she disapproved of DPP Mike Chibita’s attitude towards her land inquiry (even when he is a longtime family friend) indicated that Catherine knows no friendship and relationship when it comes to work. The Inquiry would recommend culprits for prosecution to DPP only to be let down by Chibita’s less than enthusiastic attitude. Catherine is also a strong family person with a very supportive husband George Bamugemereire whose loyalty and moral support is something she always counts on. Despite his busy schedule, GB (as pals fondly call him) always finds time to closely follow the proceedings (and later on give his counsel) wherever the proceedings are televised live. She is also strong-willed to the extent that once convinced on the right path, she sometimes takes personal decisions while expecting the rest of the Commissioners to adjust and alter their own positions to be at par with what she considers the most appropriate way to approach a situation. She hasn’t also had history of corruption or any other inappropriate conduct otherwise the Rukutanas of this world would by now have had her for supper regarding her track record in case of any cobwebs in her closet. For comments, call, text or whatsapp us on 0703164755.
