By Aggrey Baba
In a groundbreaking move that challenges the military justice system, Justice Catherine Bamugemereire of Uganda’s Supreme Court has suspended all proceedings in the General Court Martial (GCM), declaring its jurisdiction over civilians unconstitutional.
Her ruling is not just a legal victory, but the stage for sweeping reforms in the way Uganda’s military handles civilian cases. The court’s decision, which strikes at the heart of military tribunals’ authority, raises crucial questions about fairness and constitutional rights, ensuring that civilians will no longer be tried under military law.
This judgment paves the way for much-needed change in Uganda’s legal landscape, particularly in safeguarding the rights of civilians in the face of military justice.
Her ruling has sparked calls for urgent reforms in the military justice system, especially concerning the treatment of civilians.
Justice Bamugemereire found that the General Court Martial, as it is currently structured, does not have the legal authority to try civilians. She pointed out that its procedures and structure fail to guarantee fairness and impartiality, which are fundamental rights under Uganda’s Constitution.
“Judicial power is supposed to lie within the judiciary. The General Court Martial is only a subordinate part of the judicial system,” she explained.
In her ruling, she also noted that it is wrong to treat civilians as if they were subject to military law. “It is an overreach,” she added.
Her decision suspends all civilian trials in the General Court Martial, except for cases involving military personnel. She made it clear that soldiers who commit crimes against civilians should be tried in civilian courts, in line with the Constitution.
Justice Bamugemereire also ordered that all cases still pending in the General Court Martial be paused and reviewed by the judiciary. Further proceedings in these cases are now under an injunction.
This ruling comes shortly after a similar decision by Justice Monica Mugenyi, who, along with a panel of seven justices, ruled that a section of the Uganda People’s Defence Forces (UPDF) Act, which allowed civilians to be tried in military courts, was unconstitutional.
Justice Mugenyi had also expressed concerns about the lack of independence and fairness in the General Court Martial, calling it “not an impartial court” and citing its inconsistency with the Constitution.
She found that section 117(1)(h) of the UPDF Act was vague and went against constitutional principles.
Her decision also called for reforms to ensure greater independence for military courts, including suggestions that judges be appointed in consultation with the Judicial Service Commission to guarantee impartiality and legal expertise.
Together, these rulings represent a significant step towards ensuring that civilians are not subjected to military trials, which violate their constitutional rights.
As this decision follows ongoing trials of prominent political figures like opposition leader Dr. Kizza Besigye, it highlights the pressing need to reform Uganda’s military justice system to make it fair and independent. Tjese judgments provide a path for aligning the military court system with the rights of all citizens, ensuring that no one is denied a fair trial, regardless of their status or political leanings.
This is a clear reminder that justice must be fair and accessible to everyone. [A fair trial is like clean water, everyone deserves to drink from it], as the saying goes. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
