President Yoweri Kaguta Museveni has responded to the recent Supreme Court Ruling. The ruling delivered on January 31, halted the trial of civilians in the military courts.
The Supreme Court said that trying civilians in military courts was unconstitutional and ordered any ongoing prosecutions to stop immediately.
“All charges or ongoing criminal trials or pending trials before the courts martial involving civilians must immediately cease,” Chief Justice Alphonse Owiny-Dollo said, reading the lead judgement of a panel of Supreme Court justices.
In a statement, the president said, “was sorry to hear of the wrong decision by the Supreme Court in the matter of the fire-arms armed civilians being tried by the Military Court Martial.”
He asked, “If you voluntarily acquire these guns, why should you complain when you are tried in a forum that deals with those matters when soldiers are involved?”
Museveni noted said the Judges interpret the laws, adding, “Let, therefore, the Attorney-General propose the amendments to the constitution of the laws to help our Judges in future from interfering with this useful self-protection instrument for the Country and also remove any irrationalities if any.”
Below is the president’s full statement
Fellow Ugandans, especially the Bazzukulu.
Fellow Ugandans, Especially the Bazzukulu. Greetings. I have just come back from wonderful inspection trips for wealth creation in Busoga and Lango.
It is wonderful to see our village People waking up and using the Sh. 1million of PDM and the Emyooga money to join the money economy with ekibaro (cura, aimar, otita).
However, on getting back to Kampala, I was sorry to hear of the wrong decision by the Supreme Court in the matter of the fire-arms armed civilians being tried by the Military Court Martial.
This is a method which we the freedom fighters support because it reinforces the Civilian Judicial System to defend the lives of our People against Criminals armed with guns. If you are not a soldier, why do you arm yourself with guns and, moreover, for criminal purposes and illegally, that are a monopoly of the Armed Forces?
If you voluntarily acquire these guns, why should you complain when you are tried in a forum that deals with those matters when soldiers are involved?
Nevertheless, according to the summary AG gave me on the phone, there appears to be some positive movement among our foreign oriented Judges even in this matter.
First, Justices Chibita and Mugyenyi, sided with the logic that we the simple People understand and supported the guns armed criminals being tried in the Court Martial. Salutations to those two Judges.
Secondly, even the CJ ruled that the Court Martial could be used if adjustments are done here and there. I salute that contribution. Even the others who ruled against us, had some interesting comments that will be followed up that point towards the need for some rationalization in the procedure of trying civilians in the Military Courts.
Somebody wondered why even a soldier should be tried in a Military Court for rape. We shall analyze all that. However, one of the aims of the military courts is to protect the Army against crime and to ease procedures.
How easy will it be to try soldiers who have stolen Army rations in civilian courts because stealing is an offence in the penal code? Why not try them in the military court with a right to appeal to the higher National Courts if you are not satisfied?
The Military Courts helped us to discipline Karamoja.
We cannot and will not abandon this useful instrument for stability. Civilian magistrates were even fearing to go to Karamoja.
The Military Courts have pacified Karamoja and also saved the thousands of Karachunas (warrior youths) that are now guests of the State in the Prisons, who could, probably be dead by now in their confrontations with the Army.
Anyway, the country is not governed by the Judges. It is governed by the People –all of us Ugandans, that are old enough to vote. In the matter of the Constitution and other legislations, we govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament.
The Judges interpret the laws: let, therefore, the Attorney-General propose the amendments to the constitution of the laws to help our Judges in future from interfering with this useful self-protection instrument for the Country and also remove any irrationalities if any.
If jurisdictions in the Western Countries can provide that a man can marry another man or a woman another woman, why can’t ours provide that a criminally minded civilian that acquires a gun for criminal intentions, be tried in a Military Court?
Back to some of our Judges, the rape, corruption, etc., cases are tried in Military Courts to protect the institution of the Army.
The guns armed illegal operators should be tried, initially, in Military Courts to protect the Society.
Signed:
YOWERI K. MUSEVENI
PRESIDENT OF UGANDA
