KAMPALA– A few days after President Yoweri Kaguta Museveni has appointed Lady Justice Aisha Naluzze from High Court, Land Division as the New inspectorate General of Government (IGG), Uganda Law Society has issued a piece of advise to her.
Anthony Asiimwe, the Vice President of Uganda Law Society (ULS) on Friday stated that notes that, her continuation in the Judiciary Service while serving as IGG would be unconstitutional.Pursuant to Article 223(4) of the Constitution, the IGG”shall not, while holding office,hold any other office of emolument in the public service.”
“This provision, coupled with the doctrine of separation of powers and judicial independence, necessitates her resignation from the judiciary. The ULS relies on the Constitutional Court’s decision in Jim Muhwezi & 3 others v Attorney General & another (Constitutional Petition 10 of 2008), which held that the appointment of a sitting judge as IGG is unconstitutional and violates the separation of powers.” Remarked Asiimwe
He also pointed out, section 20 of the Administration of the Judiciary Act Cap 4 requires a judicial officer appointed to an institution outside the Judiciary to apply for leave of absence without pay for a period not exceeding three years,” or retire from the Judiciary.
“Given the four-year term of the IGG office, renewable only once, Judge Naluzze’s appointment effectively terminates her judicial office. Pursuant to Section 3(e) of the ULS Act, the ULS advises Judge Naluzze to resign from her judicial office before her swearing-in as IGG to avoid litigation and potential halting of the Inspectorate’s operations.”
Asiimwe further added, that, failure to do So, would be a violation of the constitution and the Administration of the Judiciary Act, which will stain her career forever.
Early this week, President Yoweri Kaguta Museveni basing on the powers entrusted in him by the 1995 Constitution, appointed Lady Justice Aisha Naluzze as the new IGG replacing Hon. Betty Kamya whose term of office is soon coming to an end.
