Lawyers affiliated with the Uganda Law Society (ULS) have expressed dismay over Principal Judge Justice Dr Flavian Zeija’s directive barring Justice Stephen Mubiru from hearing new cases until he clears a backlog of 170 cases currently before him.
ULS President Bernard Oundo contends the move is illegal and challenges the judiciary’s independence. Oundo questions the timing, suggesting it may be retaliatory, referencing Justice Mubiru’s recent ruling criticising Justuce Zeija’s interference in a Deputy Registrar’s decision.
In a letter dated December 9, 2023, Oundo argues that Judge Zeija’s directive, supposedly grounded in Section 20 of the Judicature Act, lacks authority to influence a judge’s docket. Oundo emphasizes that each judge takes an oath to administer justice independently.
“While your concerns on the case backlog are generally appreciated and shared by the Bar and the public, your direction is illegal and has grave implications on the fundamental tenets of administration of justice starting with the rule of law and independence of the judiciary,” Oundo writes.
The controversy deepens as Oundo raises concerns about the impartiality of Judge Zeija, hinting at possible repercussions for Justice Mubiru’s previous ruling.
“It is particularly troubling that your directive appears to come in the wake of a landmark ruling by Hon. Justice Mubiru on the independence of the Judiciary in which he criticised your interference with the decision of a registrar,” Oundo adds.
“The timing of your directive makes it appear retaliatory and an attack on Hon. Mubiru for his judicial decision. This does not bode well for public confidence and trust in the judiciary,” he writes.
The ULS President calls for transparency, urging Judge Zeija to disclose the backlog of cases in the High Court and the caseload of each justice.
