The Uganda Law Society (ULS) has filed an application with the Constitutional Court to halt the operations of the Judicial Service Commission (JSC), citing constitutional breaches that threaten the transparency and integrity of Uganda’s judicial system.
The ULS argues that the JSC is unlawfully constituted due to the lack of a representative from the Law Society, which contradicts Article 146(2)(c) of the 1995 Constitution.
According to ULS Vice President Asiimwe Anthony, continued operations of the JSC in its current form could result in illegitimate judicial appointments, unfair trials, and erosion of public trust in the rule of law.
“We cannot allow the Judiciary to function in a way that breaks the Constitution,” Anthony emphasized. “This is about restoring a transparent and accountable judicial system that serves all Ugandans.”
Potential Risks
The Law Society warned that if the JSC’s operations are not halted, the public may face:
– Unfair Trials: Biased judgments and lack of accountability from judicial officers.
– Erosion of Public Trust: Loss of faith in the judiciary, potentially leading to social unrest and undermining the rule of law.
– Legitimacy Crisis: The judiciary itself may face a crisis of legitimacy, compromising its ability to deliver justice ¹.
The ULS has urged the court to treat the matter with urgency, given its national importance.
“We’re ready to follow the court’s guidance to resolve this quickly,” said Mariam Nansukusa, litigation manager at the ULS Legal Aid Project.
If successful, the application could force a reconstitution of the Judicial Service Commission, halting ongoing recruitment and judicial oversight operations until constitutional compliance is restored.
