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    Supreme Court Names Five Top Senior Justices To Determine Kabaka, Mabirizi’s Land Case…

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    Chief Justice Bart Magunda Kaureebe has appointed five top experienced senior justices to handle the controversial land case between Ronald Muwenda Mutebi II, the Kabaka of Buganda and city lawyer Male Mabirizi.

    The panel of the five justices was revealed by justice Faith Mwondah on Monday at the Supreme Court during conferencing on how the matter is going to be handled. The appointed justices are Justice Opio Aweri, Justice Faith Mwondah, Justice Richard Buteera, Justice Paul Mugamba and Justice professor Lillian Tibatemwa-Ekirikubinza.

    Justice Mwondah set 9th of April 2020 for the hearing date. However, parties were directed to submit their arguments in writing. The appellant Mabirizi was directed to submit his written submissions on 10th of march 2020, the Kabaka has to submit his defense on 18th of March this year and Mabirizi has to put in his rejoinder on 23rd of March 2020. Mabirizi ran to the Supreme Court claiming that the three Court of Appeal Justices led by Justice Fredrick Egonda-Ntende, Justice Halen Obura and Justice Ezekiel Muhanguzi errored in law and facts which resulted into the dismissal of his entire case.

    He based on 22 grounds to challenge the Court of Appeal’s decision to dismiss his entire case straight from the High Court. Mabirizi insisted that the Court of Appeal was only tasked to determine Kabaka’s application where he was challenging High Court judge Patricia Basaaza Wasswa’s decision directing Kabaka to disclose to Mabirizi his bank accounts where he deposits all the money he collects from the settlers on the official mailo.

    The judge also directed the Kabaka to disclose to Mabirizi the identifications of all settlers on the official mailo which he had by then registered through his company of Buganda Land Board. He insisted that instead of determining the Appeal before them, the Court of Appeal justices dismissed the entire case which was pending in the High Court before Justice Peter Henry Adonyo.

    Mabirizi wants court to declare that Kabaka Mutebi is not the owner of the Buganda official mailo but just a trustee on behalf of Baganda. He also wants court to direct the Kabaka to return all the money collected as ground rent to the settlers on the official mailo. However, the Kabaka through his lawyers of Kalenge, Bwanika, Saawa and Company Advocates insist that Mabirizi’s case is res Judicata because it was determined by the High court and he failed to Appeal in the court of Appeal but instead ran to Supreme Court.

    By Ssengooba Alirabaki

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    NEWS

    NUP Lead Lawyer Wameli Laid To Rest

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    Members of the leading opposition party National Unity Platform (NUP) gathered at Namisidwa district March 5th to send off their fallen lead lawyer Anthony Wameli.

    Wameli, former NUP head of legal, succumbed to colon cancer and his body was returned last week from the United States where he died to be accorded a descent burial.

    Wameli’s body was returned nearly a month after his death amidst rumours that NUP had failed to aid his family return his body. Speaking to mourners on Friday March 3rd at NUP secretariate at Makerere Kavule, party president Robert Kyagulanyi cautioned members to desist from commenting before knowing the facts on ground.

    Wameli was a bold legal scholar who took up risky cases such as one of former head of the ADF terror group Jamil Mukulu. He was last year  recognized as the best human rights lawyer in Uganda by the Uganda Law Society.

    Mathias Mpuuga, the leader of Opposition (LOP) eulogised Wameli as one who withstood abuse in court to ensure justice does prevail.

    “We send-off a fine lawyer who calmly withstood the abuse in the general court martial to save innocent Ugandans whose rights were being violated,”Mpuuga said.

    NUP Lead Lawyer Counsel Anthony Wameli was announced dead on February 8th, 2023.

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    DPP Pushes For Amendment Of 48 Hour Rule, Capital Offenders To Spend More Time In Jail Before Prosecution

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    The Director of Public Prosecutions (DPP) is pushing for constitutional amendment of the 48 hour rule in order to buy more time for investigation of capital offences like terrorism.

    DPP Jane Frances Abodo, while speaking at the 10th annual conference of the East Africa Association of Prosecutors (EAAP), said that 48 hours are not enough to investigate offences like terrrorism and that the time should be enlarged  or else they will have no one arraigned before the courts of law.

    “You cannot say that within 48 hours, you can be able to actually do a meaningful investigation of a terrorism case and have someone in court…. otherwise we shall not have anyone in court. The 48 hour rule should be there but we are asking….can the time be enlarged in some cases, that we go to court and ask for enlargement of time…that we have ABCD to handle…we are not saying all offences but it will be a case by case basis and not generally,” Abodo said.

    DPP Abodo added that the 48 hours are impractible in some cases and can only be applicable when there are enough prosecutors to quickly investigate the cases.

    “The 48 hours is constitutional but it is impractible for us who are on ground. It is really impractible to do that in some cases…these are cases we are saying that we should be able to go to court and make an application for more hours to cover some ground investigations. We can keep the person beyond the 48 hours,” Abodo added.

    The minister of justice and constitutional affairs Nobert Mao said DPP is challenged with low pay of prosecutors and that arrangements to ament the 48 hour rule were ongoing.

    “The prosecutors are not well paid here in Uganda. We have tried to enhance the pay…Justice Abado has been pushing us concerning the 48 hour law because in Uganda we are not suppossed to keep you in custody for more than 48 hours. The minister of justice in me wants to amend the law but the human activist in me doesn’t want to amend the law,”Mao said.

    Article 23(4) (b) of the Constitution provides that “a person arrested or detained upon reasonable suspicion of his or her having committed or being about to commit a criminal offense, shall, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of hie or her arrest”.

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    POLITICS

    M7 Vows To Deal With Leaders Mismanaging PDM Funds

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    President Yoweri Kaguta Museveni has vowed to deal with leaders that are mismanaging funds meant for the Parish Development Model (PDM).

    Museveni told a gathering at Kaunda grounds in Gulu city that he will be in direct contact with them incase their leaders are compromised.

    “In case the elected local leaders are compromised, I can meet with you directly like today. Therefore, the truth will come out, that’s why I came,” Museveni said.

    Museveni also noted that most of the farmers in the district had not yet benefitted from the Parish Development Model and that he had got reliable information which he will use to clean up the mess in PDM.

    “I’m very happy today. I have got some information which I wanted and I’m going to follow up and sweep the whole garbage. You have helped me to do my work. Thank you for being members of National Resistance Movement,” he said.

    Museveni also vowed to deal with pastoralists grazing livestock without  authorization.

    “Those Balalo are in disciplined. I’m going to write an executive order to deal with them. What they are doing is illegal and I will handle them decisively,” Museveni said.

    On his comment about the Apaa land disputes between Amuru and Adjumani Districts, Museveni said a judicial commission of inquiry will come and make recommendations.

    “The judicial commission will come and get facts, make a recommendations which will guide us. That is the latest position of the government,” he said.

    Prime Minister Robinah Nabbanja had recently told all Apaa land residents to vacate and prised that government would compensate them.

     

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