The Uganda Law Society (ULS) has asked Parliament Speaker Rebecca Kadaga to stop Parliament’s committee on Commissions, State Authorities and State Enterprises (COSASE) summons of some lawyers to give evidence on the alleged repossession and disposal of expropriated properties.
COSASE has been investigating mess in Departed Asians Properties Custodian Board (DAPCB).
“The request for advocates to appear before COSASE puts members in conflict with the laws and regulations governing professional conduct of Advocates, particularly Evidence Act and the Advocates (Professional Conduct) Regulations,” the letter to Kadaga, signed by Uganda Law Society President Simon Peter Kinobe reads.
“The Supreme Court of Uganda in the case of Uganda Development Bank versus Kasirye Byaruhanga…confirmed that Advocates cannot or be forced to divulge or disclose client information in the course of acting as an Advocate,” Kinobe quoted a precedent.
COSASE took out a newspaper advert on 15th November calling particular individuals and lawyers involved in the matter to appear before the commission.
“By that advert, the Advocates are requested to bring documentary evidence on the action taken on all properties they could have professionally handled. However, there is no specific mention of the properties or names of the clients for which the request is made,” Kinobe noted another anomaly.
He added that some advocates have indicated that some of the properties under inquiry are ongoing court matters and therefore subject of the Subjudice Rule.
“In light of the above legal position governing advocates, the blanket advert request is irregular and we request that you guide COSASE accordingly.
