The army Spokesperson, Brigadier Flavia Byekwaso has praised the ruling by the Supreme Court Suspending the Constitutional Court Order outlawing the trial of civilians in the General Court Martial.
On Thursday, a panel of five Justices led by Chief Justice Alfonse Owiny Dollo said that the temporary order will run up to 29th July 2021 to allow the Justices to study Government’s case for the intended appeal and make an appropriate decision.
“We applaud Supreme Court’s suspension of the execution of a Constitutional Court ruling barring UPDF courts from trying civilians.This reinforces our resolve to fight terrorism & promotes peace by deterring unauthorized persons from using Defence stores, most of which are lethal,” Byekwaso tweeted.
On 6th July 2021 the Attorney General, Kiryowa Kiwanuka filed an appeal in the Supreme Court challenging the 1st July 2021 Constitutional court ruling which barred the General Court-martial in Makindye from trying Civilians.
According to a memorandum of appeal, the Attorney General faults the 4 Constitutional court Justices for deciding that the Army Court is not only impartial but also not independent to even try military personnel for non-service offenses.
The court also declared as unconstitutional section 119 (2) of the UPDF Act which has been subjecting Civilians to military law and further ordered that all civilians currently serving sentences imposed by the court-martial or have pending cases should have their case files reviewed by the High Court’s Criminal Division within 14 days; something the Attorney General further challenges.
