Kampala, Uganda: The Uganda Law Society (ULS) has asked the Constitutional Court to halt operations of the Judicial Service Commission (JSC), citing constitutional violations that it says threaten the transparency and integrity of Uganda’s judicial system.
In the application filed on Tuesday, July 08, the ULS argues that the JSC is unlawfully constituted due to its lack of a representative from the Law Society, which contradicts with Article 146(2)(c) of the 1995 Constitution.
This, the Radical New Bar says, renders all its current operations, including the recruitment of judicial officers and implementation of the Judicial Service Regulations, 2025, invalid.
The ULS Application comes in the wake of Constitutional Petition No. 12 of 2025, filed last week on Friday, July 04, which seeks a temporary injunction to suspend the Commission’s work until Constitutional Petition No. 12 of 2025 is fully determined.
“We cannot allow the Judiciary to function in a way that breaks the Constitution. This is about restoring a transparent and accountable judicial system that serves all Ugandans,” said ULS Vice President Asiimwe Anthony.
The Law Society further warned that continued operations of the JSC in its current form could result in illegitimate judicial appointments, unfair trials, and an erosion of public trust in the rule of law.
“If the JSC’s operations are not halted, the public may face unfair trials, biased judgments, and a lack of accountability from judicial officers. This could erode trust in the judiciary, leading to social unrest and undermining the rule of law. The judiciary itself may also face a crisis of legitimacy, compromising its ability to deliver justice,” reads in part the statement ULS released on Tuesday morning.
To justify their case, the lawyers’ body has also written to the Deputy Chief Justice, urging the court to treat the matter with urgency, given its national importance.
According to Mariam Nansukusa, litigation manager at the ULS Legal Aid Project, new appointments made by an unconstitutionally constituted JSC risk creating a legitimacy crisis in the Judiciary. “We’re ready to follow the court’s guidance to resolve this quickly,” she emphasized.
The ULS credited its Judiciary Affairs Committee, chaired by Senior Advocate Denis Kusaasira, for its work in identifying the legal flaws in the current Commission setup and guiding the litigation process.
If successful, the application, to which Attorney General Kiryowa Kiwanuka has been listed as the respondent, could force a reconstitution of the Judicial Service Commission, halting ongoing recruitment and judicial oversight operations until constitutional compliance is restored.
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