“He Is Characterless” Uganda Law Society President Ssemakadde Dragged To Court Over This
Lawyers Joshua Byamazima and Tonny Tumukunde have filed a lawsuit against the President of the Uganda Law Society (ULS), Isaac Ssemakadde, and the ULS itself over the expulsion of the Attorney General, Kiryowa Kiwanuka, the Solicitor General, and their representatives from the ULS Council.
On October 14, 2024, Ssemakadde issued an executive order removing the Attorney General and Solicitor General from their ex officio positions on the ULS Council. In the order, he argued that these positions were a “colonial hangover” and incompatible with the principles of the “Radical New Bar” and its autonomy.
The executive order cites the 2012 Prof. Ssempebwa ULS Report, which recommended the removal of these positions. The order states that the ULS Council, under Ssemakadde’s leadership, is acting to eliminate this “repugnant relic” in line with the findings of the report, through Constitutional Petition No. 16 of 2024, Isaac Kimaze Ssemakadde v. The Attorney General of Uganda and Kiryowa Kiwanuka Nsumikambi Mugambe.
Ssemakadde further stated that Kiwanuka’s ex officio position on the ULS Council was no longer tenable. This prompted Tumukunde and Byamazima to challenge the order in court.
The petitioners are asking the court to quash Ssemakadde’s executive order, arguing that it is illegal and unconstitutional. In their application, they seek a court order prohibiting the implementation of the executive order, which they claim is “void, illegal, and unlawful.”
Additionally, Tumukunde and Byamazima want the court to declare the expulsion of the Attorney General and Solicitor General null and void, stating that it violates both the Constitution of Uganda and the Uganda Law Society Act, Cap. 305. They also contend that the action is beyond the powers of the ULS Council.
The lawyers are requesting a permanent injunction to prevent Ssemakadde and the ULS Council from continuing to act without a fully constituted council and from implementing any similar executive orders.
The Civil Division of the High Court has scheduled the case for hearing on November 8, 2024.