“I would want some amendment to this idea making independence to be a convergence of principles of justice. We should get time and discuss it deeply. Part of the problem they(security agencies) don’t implement court decisions is that they don’t agree(with them). There is need for convergence on what is justice in some of the cases between the courts and sometimes the population. For instance, we have got a problem of land issues especially in Buganda. You have got 5000 people in a parish and a magistrate says all of you must vacate because he has agreed with the landlord. Then the RDC says they must stay on the land. What is the historical position of the Ugandan reformers( NRM), freedom fighters and you the lawyers? If we just accept that court has decided that 5000 people must vacate, the RDC will come in and say they can’t leave. We say rubbish, they can’t go. If you say independence, it is abuse of power. You are making a big injustice to the population which can cause you a security problem” – President Yoweri Tibuhurwa Kaguta Museveni (21.09.2022).
It is really special and unique for a man that has appointed all judges and has all his cronies in the Ministry of Justice and Constitutional Affairs. The President has also appointed the Minister of Security and has total control of the National Army. All parts of Law Enforcement is following his command and is imagined in his idea of security. Therefore, the mannerism of what he said is so at fault. His blaming the same people he has trusted with the Judiciary.
The second part which is really troubling is that the President of over 30 years. He has created a new Constitution and enacted dozens of laws, which images what he stands for. The President has had the power and the majority for over 30 years. That’s why the President has the laws he deserves. Museveni knows this and the laws are there because of him. They are there for one reason. He wanted them and he has amended the laws several of times, as his mind has changed or being a President for Life makes it impossible to keep the old articles.
So with that in mind. Museveni should let the Courts judge in according to the laws and their judgements after their interpretations of these laws. Museveni has ensured the Judiciary are living within these limitations and scope of enforcement. The Law Enforcement and the Authorities are bound by the laws and how they are coded. That’s why the Courts cannot order differently or act against certain laws. This is because the President and his majority party has enacted these laws. As long as these laws are active and not repealed. The Courts have to follow them and judge accordingly. That is a very simple reasoning.
A man who has held power for so long and not willing to follow the Courts. It is just disgusting. Just shows the contempt of the same laws that he has enacted. He wants the Law Enforcement and Authorities to be above the law. In such a manner, that the laws are only mattering to civilians, but not the authorities, which are supposed to following it too. This is impunity and a double standard. One law for the people, another law for the security organizations that follows my orders.
The President wants his orders and directives to be more powerful than the laws. It shows that he don’t want rule of law or constitutional order. He wants to rule by his whims and direct orders. That’s what Museveni wants and this is why he defends defying court orders. This he does because it doesn’t fit his political alignment or his tinkering at that very moment.
The President surely defies court orders as a way of punishing his enemies or dissidents. He doesn’t care about not following the law in any concern. Museveni rather have his way than actually following the laws he has enacted. As a President his wording and pompous Head of State who clearly doesn’t value the legislation he himself has ensured or enacted it. In the years in office, he could have repealed or gotten his MPs to write laws that fits his current state of mind. If he had done that, the Judiciary and the Court would have ordered things differently. However, that has never been the issue, because if he did that. He would have higher stakes with the donors and with the ones who is supporting his reign. It would be draconian and be totally disregarding the values he came into office with.
That’s why Museveni is conflicted… and the President just shows contempt of the same laws he has enacted. This is disgraceful and distasteful, but its the epitome of how his ruling the nation at this very moment in time. It is also why he never wants accountability over the “safe-houses”, the drones or any sort of misuse of power. The President wants the fear and intimidation. He wants the ability to order tyranny and use the security organizations to his advantage. That’s why he don’t value the laws or court orders. Peace.