KAMPALA – In a landmark decision, Chief Justice Alfonse Owiny-Dollo has ruled that the General Court Martial (GCM) lacks jurisdiction to try civilians, declaring its involvement in such cases unconstitutional. This ruling upholds a previous Constitutional Court decision and deals a significant blow to the government’s stance on military trials for civilians.
The Supreme Court’s decision comes in response to an appeal by the Attorney General, who challenged the Constitutional Court’s 2021 ruling that declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional. These provisions had allowed the military court to prosecute civilians under specific circumstances.
Justice Percy Night Tuhaise emphasized that all prosecution of criminal offenses should be handled by the Director of Public Prosecutions (DPP), stating that “justice cannot only be done but must be seen to be done.” The court also highlighted concerns over the military court’s lack of independence and impartiality.
Key Takeaways from the Ruling:
- GCM’s Limited Jurisdiction: The General Court Martial can only try members of the UPDF and only in cases of disciplinary offenses.
- Transfer of Cases: All ongoing or pending criminal charges involving civilians in the GCM and other military courts must be transferred to civilian courts.
- Independence and Impartiality: The military court lacks essential features such as independence and impartiality, rendering it incompetent to handle judicial matters.
The ruling is expected to have far-reaching implications, with legal experts urging the government to undertake necessary reforms to align the military justice system with constitutional provisions. The Supreme Court also awarded costs to the respondents, a decision seen as a strong rebuke of the government’s stance.
