Editorial
In a leading light decision, the Supreme Court of Uganda has ruled that military courts do not have the authority to try civilians, marking a significant victory for civil rights and judicial independence. The court’s ruling directs that all cases involving civilians currently before military tribunals be immediately transferred to civilian courts.
Chief Justice Owiny-Dollo, delivering the majority ruling, stated: “All charges or ongoing criminal trials before the court martial must be dismissed and transferred to ordinary courts of law with competent jurisdiction.” This decision follows a constitutional review of the Uganda People’s Defence Forces (UPDF) Act, particularly provisions that allowed military courts to try civilians, which the court found in violation of fundamental constitutional rights, including the right to a fair trial.
The court specifically invalidated Section 117(1)(g) of the UPDF Act, which previously granted military courts jurisdiction over civilians accused of aiding or abetting military offenses. This provision has been a point of contention, with human rights activists, lawyers, and political figures criticizing the prolonged detention and trial of civilians in military courts.
The case was initially filed in 2021 by Hon. Micheal Kabaziguruka, a former Member of Parliament and opposition leader, who had himself been tried in a military court. His legal challenge sparked a broader debate on the legality and fairness of military tribunals handling civilian cases, which also involved prominent figures such as opposition leader Dr. Kizza Besigye and lawyer Eron Kiiza.
While the court’s ruling stops all current trials of civilians in military courts, it does not overturn past convictions, except where a civilian’s conviction is actively under legal challenge. The ruling emphasizes that military courts, as they currently stand, lack the necessary safeguards to ensure fairness and impartiality in trials involving civilians.
The court also called on Parliament and the executive to reform the UPDF Act to bring military court procedures in line with constitutional and international human rights standards. Among the suggested reforms, the court proposed the establishment of the General Court Martial as a division within the High Court, limiting military bodies’ authority to impose prison sentences, and ensuring civilian judicial officers are involved in military courts to enhance fairness. Additionally, the court recommended clear guidelines for when, if ever, civilians may be tried in military courts.
This decision is seen as an important step toward upholding the rule of law and protecting the rights of civilians in Uganda
