By Newsroom reporter
Principal Judge Dr. Flavian Zeija has instructed Justice Faridah Shamilah Bukirwa to vacate her office due to the Judiciary’s failure to receive her official appointment documents as a substantive judge of the High Court.
In a letter dated August 8, 2024, the Principal Judge says the Judiciary did not receive Bukirwa’s instrument of appointment from the appointing authority as a substantive judge of the High Court. The appointing authority is President Yoweri Museveni.
The letter was copied to Chief Justice Alfonse Owiny-Dollo, Deputy Chief Justice Richard Buteera, Jinja High Court Circuit Head Dr. Winfred Nabisinde, Judicial Service Commission Chairperson Benjamin Kabiito, Judiciary Permanent Secretary Pius Bigirimana, and Chief Registrar Sarah Langa.
“Therefore, since your appointment as a judge of the High Court expires on August 15, 2024, this is to request that you hand over your office, all judicial properties, and all case files before you to the head of the Jinja High Court circuit as we find out why your instrument of appointment was not received by the Judiciary,” Zeija writes.
Bukirwa was among the 16 judges that were appointed by President Yoweri Museveni in an acting capacity in December 2022 on the recommendation of the Judicial Service Commission to bolster the administration of justice in the country.
On December 8, 2023, the Uganda Law Society awarded Bukirwa the champion of justice award in recognition of her outstanding performance as a resident judge of the Jinja High Court circuit.
In 2022, the Constitutional Court ruled that the appointment of High Court judges in acting capacity for a two-year term is unconstitutional.
Lawyers have always protested the appointment of judicial officers in acting capacities, saying it undermines the independence of the judiciary.
Bone of contention
Recently, Bukirwa allowed some members of the Uganda Muslim Supreme Council (UMSC) to convene a special general assembly to look into the affairs of the Muslim council.
Her orders followed a case filed by Yudaya Babirye, Burhan Samanya, and Hussein Simbwa against the Mufti of Uganda, Sheikh Shaban Ramadhan Mubaje. They accused Mubaje of mismanaging the affairs of the UMSC, including the sale of several Muslim properties.
Pursuant to the court’s directive, a special sitting of the General Assembly of the UMSC was held, where, among others, it was resolved that Mubaje be retired as Mufti of Uganda with immediate effect.
Subsequently, the group appointed Sheikh Abdallah Ssemambo as the acting mufti of Uganda.
Following the development, UMSC filed an application seeking to have the court order overturned.
Later, Mubaje wrote to Zeija, asking him to invoke his administrative power and assign the case to a different judicial officer, accusing Bukirwa of bias and making inflammatory statements against his personality during the court proceedings.
Consequently, Zeija withdrew the case from her (Bukirwa) and allocated it to Justice Douglas Singiza.
