Court ruling wasn’t a release order - Mao Roars
The Minister for Justice and Constitutional Affairs, Hon. Norbert Mao, has clarified that the recent Supreme Court ruling on the trial of civilians in the General Court Martial should not be misconstrued as a release order. Speaking in Parliament on Thursday, February 6, 2025, Mao explained that the Supreme Court did not order the immediate release of the civilians but rather directed that the cases be transferred to the appropriate civilian courts.
“The Supreme Court did not issue a release order; they said bring the prisoners to the proper court. It did not hear the cases; so how could it determine them?” Mao emphasized.
His remarks followed a growing public debate surrounding the Supreme Court's ruling on January 31, 2025, which outlawed the trial of civilians in the General Court Martial, a matter that has sparked significant attention both within Uganda and internationally.Mao described the ruling as "homework" for lawmakers, noting that the court’s decision to assert that the Uganda Peoples Defence Forces (UPDF) Act conflicts with the Constitution has raised legal questions that need to be addressed.
“The court simply raised the flag and said you have crossed the line. If the court says the Uganda Peoples Defence Forces Act collides with the Constitution, then we have homework to do,” he stated.
He also pointed out that this was not the first time courts have struck down laws, citing examples such as the Police Act.Despite the clarification, MPs raised concerns about the delayed implementation of the ruling, especially with regard to the transfer of civilians from the General Court Martial to civilian courts.Mao explained that the courts do not enforce their own decisions and clarified that it is the responsibility of government authorities to take action in line with the ruling.
"I do not know whether court orders were extracted, but there are procedures to be followed to transfer cases to the civilian courts,” he added.
Mao also responded to criticisms of the prisons authorities for the delay in transferring the prisoners, asserting that the responsibility lies with the Directorate of Public Prosecutions (DPP).His comments came amid heightened scrutiny and concerns from various members of Parliament, including the Leader of the Opposition, Hon. Joel Ssenyonyi.Ssenyonyi demanded greater transparency and clarity, asking, “Who is doing what? What is exactly happening?” His concerns were amplified by recent comments from the President and the Chief of Defence Forces (CDF), Gen. Muhoozi Kainerugaba, who had questioned the ruling and suggested it may require further discussion within the High Command.Kalungu West County MP, Hon. Joseph Ssewungu, pressed Mao on the legal status of civilians currently held under the General Court Martial after the ruling.
“As the Minister for Justice, what is your role in this? This is not media drama, these are legal issues, people are in prison, but under which legal regime are they being held?” Ssewungu questioned.
In response to these concerns, Deputy Speaker, Thomas Tayebwa, revealed that Dr. Kiiza Besigye’s legal team had filed for habeas corpus, a legal procedure that challenges unlawful detention.
“Lawyers are taking action; why can’t we let them proceed? Let the law take its course. The parties to the case are already moving, let us give them a chance,” Tayebwa urged.
The confusion surrounding the ruling and the subsequent actions by various government entities remains an ongoing issue, with many Ugandans keenly watching the developments. While Mao's statements provided some clarity, questions about the full implementation of the Supreme Court’s directive and the legal standing of individuals currently facing trial in the General Court Martial remain unresolved.This case highlights the ongoing tensions between the judiciary, executive, and legislative branches in Uganda, and the challenge of aligning military laws with constitutional provisions. As the matter continues to unfold, all eyes will be on how the government moves to comply with the Supreme Court's ruling and ensure that justice is served in accordance with the law.<span class="fr-mk" style="display: none;"> </span>Video of Mao clarifying to the parliament
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