Category: Legal Alert

  • BANG! MILITARY COURTS FOR CIVILIANS ARE DEAD—THE SUPREME COURT JUST DROPPED THE HAMMER, AND THE RADICAL NEW BAR LIT THE FUNERAL PYRE!

    BANG! MILITARY COURTS FOR CIVILIANS ARE DEAD—THE SUPREME COURT JUST DROPPED THE HAMMER, AND THE RADICAL NEW BAR LIT THE FUNERAL PYRE!

    The Supreme Court has spoken. The revolution has won. The military courts are finished. It took 25 years of legal battles, endless delays, and the relentless fire of Uganda’s most radical legal minds, but justice has finally arrived. And when it came, it wasn’t subtle. It came with the full force of the Constitution, a gavel so loud it could shake the foundations of every military courtroom still pretending to be a temple of justice.

    This is not just a legal victory; it is a demolition job on a long-standing abuse of power. It is the final nail in the coffin for a system that has for decades terrorized civilians, dragging them before military tribunals as if they were rogue soldiers, silencing dissent under the guise of national security. And the Supreme Court? Oh, the Supreme Court delivered its judgment with flair, with humor, and with the kind of clarity that leaves no room for debate.

    Chief Justice Owiny-Dollo, ever the master of courtroom theatre, laid it all bare in ways that had the entire legal fraternity both laughing and nodding in agreement. Imagine a Uganda where he, a civilian, is picked to lead a military brigade to guard the war-torn eastern border with the DRC. Imagine him, clad in combat gear, barking orders to soldiers while probably asking them which way to point a gun. Or worse—picture him in a hospital theatre, standing over an unconscious patient, scalpel in hand, completely clueless about whether he’s holding a kidney or a liver. Madness, right? Exactly. That, he said, is the absurdity of putting untrained military officers in charge of dispensing justice.

    This was the point where even the most rigid courtroom observer had to chuckle. But beneath the humor was a devastating truth: military courts are tribunals run by people without the first clue about judicial procedure, yet they have spent years presiding over cases, handing down life sentences and convictions like they were distributing rations at a military mess. The Chief Justice didn’t mince his words. The Constitution was clear, and so was the Court—military justice is for military personnel, period. Civilians have no business being tried there.

    And yet, as the judgment was delivered, there was another remarkable moment. Counsel Caleb Alaka, one of Uganda’s legal firebrands, stood up and did something few saw coming—he apologized. On behalf of the Uganda Law Society, he expressed regret for the extreme activism, the relentless pressure, the public letters, the weekly legal firebombs the Radical New Bar had been hurling at the Supreme Court, demanding action. The judges listened, some perhaps amused, others with the quiet satisfaction of warriors who had just emerged victorious in a long and bloody intellectual battle.

    The apology was sincere, but let’s be honest—this war was necessary. The Radical New Bar, under the fearless and uncompromising leadership of Isaac K. Ssemakadde, fought like hell to make this ruling happen. The legal establishment had long grown too comfortable, too resigned to waiting indefinitely for judgments while civilians continued to be dragged before military tribunals. The RNB was having none of it. Weekly press conferences, legal activism so sharp it cut through the silence, direct challenges to judicial inertia—this was lawfare at its finest. And in the end, the pressure worked.

    The judgment is now out, and the message is clear: no more military courts for civilians. No more kangaroo justice. No more legal intimidation. If the army wants to try someone, that person better be wearing a uniform. Otherwise, they belong in the courts of law established by the Constitution. And for those still clinging to the old ways, still hoping that military justice can be used as a tool of fear and suppression? Pack up your case files. Your era is over.

    For the Uganda People’s Defence Forces, the ruling leaves no room for negotiation. Civilians currently facing trial in military courts must be released. Every ongoing case must be dropped. Any attempt to defy this ruling will not just be illegal—it will be suicidal. The ULS and the RNB are watching. The Supreme Court is watching. And the Ugandan people, tired of impunity, will not tolerate another second of this nonsense.

    Parliament? Time to clean house. The UPDF Act needs to be amended—immediately. Those loopholes that allowed military courts to overstep their jurisdiction must be sealed permanently. No more ambiguity, no more exploitation of civilians through legal gymnastics. This ruling has set the standard, now it’s up to lawmakers to ensure the law reflects it. And the Executive? The President, the Attorney General, the Director of Public Prosecutions—they need to act. Not tomorrow, not next week. Now.

    For those who still think this is just another ruling, another judgment to be ignored or manipulated—think again. This is the beginning of a new era. The days when military courts were used as tools of intimidation are gone. The days when civilians had to fear being hauled before unqualified military judges who don’t know the difference between fair trial rights and a parade drill are gone. This is what victory looks like.

    Uganda’s legal profession will never be the same. The Supreme Court has reaffirmed its place in history. The Radical New Bar has cemented its reputation as the most effective force for legal accountability in modern Uganda. And the Constitution? It has won. The rule of law has won. Justice has won.

    The revolution is here, and it has no brakes.

    A copy of the Judgment can be found here

    The statement of the Uganda Law Society welcoming the Judgment can be found here

    Enen Ambrose is a Rule of Law enthusiast and a supporter of the firebrand president of the Uganda Law Society, Isaac K Ssemakade.

    Disclaimer: This write up is for informational purposes only and should not be taken as a substitute for professional legal advice. Readers are advised to seek the services of a qualified attorney in their area of Jurisdiction for situation specific legal advice and course of action.

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  • Revisiting Free Speech, Professional Ethics, and Gender Sensitivity in Uganda: A Legal and Social Analysis

    Revisiting Free Speech, Professional Ethics, and Gender Sensitivity in Uganda: A Legal and Social Analysis



    Isaac Semakade’s recent remarks about senior public officials have ignited intense debate on free speech, vulgarity, and the ethical responsibilities of professionals. While organizations like the Uganda Association of Public Prosecutors (UAPP) and FIDA-Uganda have condemned his language and demanded an apology, others argue that his statements are a reflection of justified frustration with Uganda’s systemic issues. This discourse raises critical legal, ethical, and societal questions.



    Legal Frameworks Governing Free Speech in Uganda

    Article 29(1)(a) of the Ugandan Constitution guarantees freedom of expression, but it is not absolute. Various laws impose limitations:

    1. Penal Code Act: Criminalizes obscene publications and speech deemed offensive to public morality.


    2. Computer Misuse Act: Penalizes offensive communication and misuse of electronic systems, often criticized for vague definitions that risk curtailing legitimate dissent.


    3. Defamation Laws: Protect individuals from false and injurious statements, balancing free speech with reputational rights.



    However, Uganda’s judicial precedents, such as Onyango-Obbo & Mwenda v. Attorney General, emphasize that free speech encompasses the right to critique government actions, even in ways that may offend or provoke. Justice Mulenga’s landmark judgment underscored that the limits of free speech must be narrowly construed to allow robust public debate.



    International Legal Perspectives on Profanity and Free Expression

    Globally, courts have grappled with the tension between vulgarity and free speech, offering comparative insights relevant to Uganda:

    1. United States – Cohen v. California (1971): The Supreme Court ruled that offensive language, such as “F*** the Draft,” is protected under the First Amendment unless it incites violence or meets the strict test for obscenity. This case underscores the principle that free expression protects both ideas and the emotive force behind them.


    2. European Court of Human Rights – Handyside v. UK (1976): Freedom of expression includes ideas that offend or shock, but states may impose restrictions to protect public morality.


    3. India – Shreya Singhal v. Union of India (2015): The Indian Supreme Court struck down laws criminalizing “offensive” speech, emphasizing the need for clarity and proportionality in restricting free expression.



    These cases highlight the necessity of carefully balancing societal interests, public morality, and individual rights in regulating speech.



    Gender Sensitivity and Public Discourse

    FIDA-Uganda and similar organizations have framed Semakade’s remarks as emblematic of broader societal disrespect toward women in leadership. Referring to a public official as “another vagina from Karamoja” not only perpetuates harmful gender stereotypes but also trivializes substantive critiques of governance. This resonates with global debates on gender-sensitive communication, where freedom of speech must not justify the marginalization of women.

    Internationally, courts like the ECHR in E.S. v. Austria (2018) have drawn lines between criticism and language that incites discrimination. While Uganda does not have explicit gender-based restrictions on speech, these examples offer a framework for addressing the intersection of free speech and gender equity.


    Ethical Boundaries and Professional Responsibility

    Professional ethics demand that legal leaders uphold decorum, particularly in public discourse. The Uganda Association of Public Prosecutors has argued that Semakade’s language undermines the dignity of the legal profession. Similarly, FIDA-Uganda views his remarks as detracting from the serious issues he sought to address, such as delayed prosecutions and institutional inefficiency.

    Critics of Semakade’s approach point out that effective advocacy does not require vulgarity. Instead, it risks alienating allies and diminishing the credibility of the underlying message. However, proponents argue that provocative language can be a powerful tool to draw attention to systemic injustices, as seen in historical civil rights movements worldwide.


    Structural Challenges in Uganda’s Justice System

    Semakade’s remarks, though controversial, highlight systemic failures that fuel public frustration:

    1. Pretrial Detention: Nearly half of Uganda’s prison population comprises detainees awaiting trial, a clear violation of their right to a speedy trial.


    2. Civilian Trials in Military Courts: Cases like that of Olivia Lutaaya illustrate concerns about due process and the overreach of military jurisdictions.


    3. Delayed Prosecutions: These perpetuate injustices and erode public trust in the judiciary.


    Addressing these structural issues would diminish the need for incendiary rhetoric by fostering accountability through systemic reform.


    Reconciling Free Speech and Professionalism

    The condemnation of Semakade’s remarks reflects a broader societal debate: how should professionals navigate the balance between free speech and ethical obligations? Comparative legal analysis suggests that while free speech must be robustly protected, it is equally essential to ensure that advocacy respects principles of equality, dignity, and professionalism.

    Uganda’s legal community faces an opportunity to lead this conversation by promoting respectful and effective communication while addressing the root causes of public dissatisfaction. Ensuring that justice is both accessible and equitable will go a long way toward creating an environment where free expression thrives without resorting to divisive language.

    About the author.

    Enen Ambrose is an Advocate of the Courts of Judicature in Uganda. He practices with M/S Okurut-Magara Associated Advocates. He is passionate about access to Justice, the Rule of Law, Democracy, Human Rights and Constitutionalism. Drawing inspiration from Gerry Spence’s How to argue and win all the time, he believes that stifling free speech is a barrier to meaningful civic engagement and holding the state accountable for the broader Rule of Law and Constitutional abrogations or contraventions. He is a huge fan of President Isaac Semakade, the current President of the Uganda Law Society who rode on the Back on track theme and the Bang the table slogan. He also strongly believes in the 4Ds, Democratization, Demilitarization, Decolonization and Digitization which were the major deliverables that President Isaac Semakade promised during his campaign to become the head of the Ugandan Bar.

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    DISCLAIMER: This blog post is for educational, recreational and informative purposes only. It is not intended to provide legal advice. The author shall not be liable for any injuries, legal or otherwise that arises from reliance on the contents of this blog post as legal advice. Viewers are strongly encouraged to contact a qualified attorney in their area of Jurisdiction for situation specific legal advice and possible Legal redress.

  • The Principled Approach to Hearsay Evidence: A Key to Justice in Customary Land Disputes

    The Principled Approach to Hearsay Evidence: A Key to Justice in Customary Land Disputes

    Brief introduction.

    In legal disputes involving customary land, evidence rules can create challenges for communities reliant on oral traditions. While courts traditionally exclude hearsay evidence due to reliability concerns, the principled approach to hearsay evidence accommodates oral histories when they meet specific criteria. This approach is invaluable in ensuring justice, particularly in disputes where written documentation is absent.

    A recent case in Uganda, Osele Yusuf & Others v. Oruni Odwar John & Others, highlights the importance of this approach. The High Court of Uganda at Soroti upheld a trial court decision favoring the respondents, descendants of Oruni Yona, in a land dispute. The case provides an excellent example of how the principled approach can validate oral testimony while balancing the need for credible evidence.

    Brief Facts of the Case

    The dispute centered on 2¼ square miles of land in Ngariam village. The respondents claimed the land as a customary inheritance from their late father, Oruni Yona, who had acquired it during the colonial era. They alleged that Yona was gifted the land by local families and had expanded it through clearing and cultivation.

    The appellants, descendants of a local chief, argued that Yona had only occupied a small plot as a temporary settler. They began asserting ownership in 2014 by inviting the Area Land Committee to demarcate the land, which the respondents opposed. The trial court ruled in favor of the respondents, citing oral evidence corroborated by physical markers such as graves, homesteads, and cultivated fields.

    The Principled Approach to Hearsay evidence.

    The appellate judge affirmed the trial court’s reliance on oral evidence, applying the principled approach to hearsay. This framework allows hearsay evidence if it satisfies two criteria:

    1. Necessity: The evidence must be essential because the original source is unavailable. In this case, Yona was deceased, and oral testimony was the only way to trace the history of the land.


    2. Reliability: The evidence must be trustworthy, based on consistency with other facts, the reputation of the source, and the absence of bias. The court found Yona’s accounts credible as they predated the dispute and aligned with physical evidence observed during the locus visit.



    Integration of Oral History.

    The court’s acceptance of oral evidence reflects lessons from Canadian jurisprudence, particularly in indigenous land claims. In Delgamuukw v. British Columbia (1997), the Supreme Court of Canada emphasized that oral histories represent vital evidence in communities without written records. Uganda’s adoption of this approach recognizes the cultural realities of customary practices.

    Key Observations

    During a locus visit, the court confirmed:

    Graves of Yona’s family members, dating back decades.

    Remains of homesteads and cultivated fields, demonstrating long-term possession.

    Contradictions in the appellants’ claims, such as inconsistencies about the size and location of the plot allegedly occupied by Yona.


    These findings supported the trial court’s conclusion that the respondents’ oral testimony was credible and reliable. The appellants’ failure to provide consistent evidence weakened their claims.

    A Culturally Sensitive Framework

    The principled approach bridges the gap between strict legal rules and cultural realities. By evaluating oral testimony critically yet fairly, courts can ensure that justice accommodates diverse traditions. In customary land disputes, this approach protects claimants from procedural disadvantages while upholding the integrity of legal proceedings.

    Conclusion

    The Osele Yusuf case underscores the value of the principled approach in addressing customary land disputes. By allowing hearsay evidence when it is necessary and reliable, courts ensure that justice is inclusive and equitable. This approach not only validates oral traditions but also sets a precedent for resolving disputes in culturally informed and historically sensitive ways.

    The Appellants were represented by Counsel Mugoda Denis of Mugoda-Nangulu & Co. Advocates whereas the Respondents were represented by Enen Ambrose of M/S Okurut-Magara Associated Advocates.

    The full Judgment in the case can be accessed from here:

    DISCLAIMER: This blog post is for educational and awareness purposes only and should not be used as a substitute for professional Legal advice covering specific legal situations. The author accepts absolutely no responsibility for any injuries, legal or otherwise that arises from using the information contained here in. Readers of the blog post are strictly advised to seek professional Legal advice from a qualified Attorney in their areas of Jurisdiction to obtain situation specific advice covering their legal problems.

    About the author.

    Enen Ambrose is an Advocate of the Courts of Judicature and currently practicing with M/S Okurut-Magara Associated Advocates.

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  • Standing Against Digital Harassment: A Victory for Privacy and Dignity for KS against AM & KSM High Court of South Africa, Gauteng Local Division Case No. 2021/128121

    Standing Against Digital Harassment: A Victory for Privacy and Dignity for KS against AM & KSM High Court of South Africa, Gauteng Local Division Case No. 2021/128121

    In a world where social media and technology are central to our lives, the misuse of these tools can lead to devastating consequences. One recent legal case highlights how the justice system can protect victims of online harassment and uphold their dignity and privacy.

    The case involved a woman whose privacy was severely violated by her former romantic partner and his wife. After their brief relationship ended, the former partner secretly used intimate videos—recorded without her knowledge or consent—to harm her. These videos were posted on a fake social media account created to embarrass and defame her.

    The fake account targeted the woman’s family, friends, and professional colleagues, inviting them to view the harmful content. The abuse went further when the defendants sent messages to the woman’s workplace, spreading false information to tarnish her reputation.

    The impact on the woman’s life was severe. She faced humiliation, emotional trauma, and even suicidal thoughts. She had to leave her job due to the embarrassment caused by the public exposure, and her trust in others was deeply shaken. The stress also led to health issues, including hair loss and complications with pre-existing conditions.

    The victim took legal action, seeking compensation for the damage caused to her personal and professional life. The court found the defendants’ actions to be deliberate and harmful, infringing on her rights to privacy, dignity, and mental well-being.

    This case serves as a powerful reminder that online harassment, including the non-consensual sharing of intimate images, is a serious violation of human rights. Laws now exist to protect individuals from such actions, ensuring that those responsible face legal consequences.

    In an increasingly digital world, it is essential for everyone to understand the importance of respecting others’ privacy. This ruling is not just a victory for the victim but also a message that justice can be achieved in the face of online abuse.

    The full Judgment of the Case can be found here:

    About the author:

    Enen Ambrose, Advocate of the Courts of Judicature in Uganda, practicing with M/S Okurut-Magara Magara Associated Advocates, Adjumani.

    DISCLAIMER: The information provided in this blog is not intended to serve as legal advice and the author accepts no responsibility or liability for any injuries, Legal or otherwise from the use of this information as legal advice. For situation specific advise, the author strongly advises readers to consult a qualified attorney in their area of jurisdiction to advise and assist with the legal problem.

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