“We Must Not Let This Go Unchallenged, They Can’t Jail Lawyers” Top Ugandan Lawyer Fumes

City lawyer Male Mabirizi has strongly criticized the General Court Martial following the imprisonment of his fellow lawyer, Eron Kiiza, who was sentenced to nine months in prison. Mabirizi raised serious concerns about the constitutional legitimacy of the military tribunal’s actions, arguing that the General Court Martial does not have the legal authority to handle contempt of court cases.

He pointed to Uganda’s Constitution, specifically Articles 129(1) and 257(d), which define a court as one established by the Constitution. Mabirizi contended that since the Court Martial is a tribunal, it does not have the legal capacity to imprison anyone for contempt, as outlined in Article 28(12).

Mabirizi, who has faced similar legal challenges, expressed frustration over the legal community’s lack of response to such issues. He warned that the silence surrounding these actions allows impunity to flourish unchecked. “We must not let this go unchallenged,” Mabirizi emphasized, urging both lawyers and Ugandans to unite in opposing the abuse of power. He also pointed out that Kiiza’s imprisonment violated constitutional rights, particularly the right to legal representation and protection from cruel and degrading treatment, as guaranteed by Articles 24, 28(3)(d), and 44(a).

Furthermore, Mabirizi criticized the General Court Martial for its lack of authority over advocates, a responsibility that, according to Section 17 of the Advocates Act, is legally vested in the courts. He called for a united legal front to secure Kiiza’s release, warning that failing to take action would lead to the further erosion of the rule of law in Uganda. “If we remain passive, the system will only continue to deteriorate,” Mabirizi concluded.

His statement serves as an important reminder for both Uganda’s legal community and its citizens to remain vigilant in defending justice and upholding constitutional rights.