
The Ugandan Presidency has finally put the record straight, confirming Justice Flavian Zeija as the new Deputy Chief Justice after earlier confusion and contradictions over the appointments in the judiciary. In a statement from the Presidency, dated Friday, February 7, the appointments were recognized as having been made by President Museveni, using his powers conferred by Articles 142(1) & (2) of Uganda’s 1995 Constitution.
Justice Zeija, who has been serving as the Principal Judge of the High Court, was appointed to take over the role of Deputy Chief Justice. He replaces Justice Richard Buteera, who is due for retirement in May. The Presidency also announced that Justice Muzamil Mutangula Kibeedi had been appointed to the Supreme Court. Kibeedi takes the place of Justice Esther Kisaakye, who went into exile last year after a fallout with the Judiciary.
The appointments, now confirmed by the Presidency, come in stark contrast to an earlier statement by the Judicial Service Commission. The commission had, in an earlier statement on Friday, denied reports of the judicial appointments, terming them unauthorized. Maria Theresa Nabulya, the acting senior communications officer for the JSC, called upon members of the public to disregard the information circulating, explaining that all official judicial appointments should be made through the Commission’s official channels, such as their website and X account (@JSCUganda).
The confusion comes after the first list of appointments was leaked, reportedly sent to the Speaker of Parliament for vetting. This leak seems to have resulted in the media reports that were published on the new appointments. But this public denial by the JSC, against the statement emanating from the Presidency, has raised questions on internal communication in government institutions. The onlookers are asking if the JSC was not just kept outside of the noose on appointments or they jumped the gun without understanding the information at their disposal.
Other appointments on the list of judicial appointments include eight new justices to the Court of Appeal and the appointment of 21 acting judges to the High Court. New justices appointed to the Court of Appeal include Justice Ssekaana Musa, Ketra Kitariisibwa Katunguka, and Esta Nambayo, while those appointed as acting judges of the High Court include Sarah Langa Siu, Rosemary Bareebe Ngabirano, and Susan Odongo.
These changes in the judiciary are part of the ongoing effort to strengthen the judiciary of Uganda, which the Presidency described as one of the priorities of the government. According to the official statement, President Museveni was committed to ensuring a strong, effective judiciary in Uganda.
The conflicting statements between the JSC and the Presidency polarized the legal fraternity. Some lawyers interpreted the move as the JSC jumping the gun ahead of the official confirmation, while others questioned the openness of the appointment process and whether the various government arms were talking to each other.
These appointments have been approved by the Presidency; now, they go for parliamentary scrutiny and approval. By law, all judicial appointments are to be ratified by Parliament before coming into being. Parliament is likely to vet the nominees in the coming days following which the appointments will take effect.
Among those appointed are some big names: Justice Zeija, who takes up a highly significant role of Deputy Chief Justice, and Justice Kibeedi, who joins the Supreme Court. Appointment of 21 acting judges to the High Court is indicative of the growing demand for judicial services as Uganda goes on developing.
This will finally lay to rest the anxiety of a waiting legal community for Parliament’s approval of the nominees. The furore accompanying the announcement of the appointments reflects, among other things, the complexity of the controversy that can attend the filling of important positions within the judiciary and the difficulty attendant on ensuring better communication and transparency between government institutions on how to improve the appointment process, given the conflicting statements of the JSC and the Presidency.