Norbert Mao, the Minister of Justice and Constitutional Affairs, has promised to raise concerns with President Yoweri Museveni over allegations that the General Court Martial constantly consults the President during the trial of Col Dr Kizza Besigye.
Mao’s remarks follow public and legal outcry over the court’s conduct, with defence lawyers accusing the military tribunal of undermining judicial independence.
"I don’t know the truth, but I have heard that when the army court takes a break, they go to consult the President,” Mao revealed.
“I am going to ask him about this and tell him that such allegations have been made in public," Mao stated.
The Minister also criticised the practice, suggesting that if consultations with the President are necessary, they should take place after the trial concludes.
Comparing the situation to civilian courts, Mao said: "Imagine if a High Court judge kept calling the Chief Justice during a trial—it is totally unacceptable."
Allegations of Executive Influence
During the highly publicised trial of Col Kizza Besigye and Obeid Kamulegeya before the Makindye-based military court, the public noticed how the court Chairman, Brig Freeman Mugabe frequently halted proceedings to make consultations.
Defence lawyers raised these concerns on this matter during one of the hearings.
They argued that this practice compromises the fairness of proceedings.
However, it was revealed that the Court Martial’s regulations permit consultations with the court “convener,” who is understood to be the UPDF High Command.
The High Command is chaired by the president who is also the Commander-in-Chief, the CDF, the Deputy CDF, the Minister of Defence, UPDF Service Chiefs, the Joint Chief of Staff and other key offices.
In a televised interview, Hon Mao called on the military to recognise and uphold the country’s laws, stating: "These laws exist to protect not just the public but also the soldiers themselves. They should know that they, too, are potential candidates for abuse in the future."
Plans to Engage the National Security Council
To address broader concerns, Minister Mao revealed that he had sought permission from the President to engage with the National Security Council, a body responsible for discussing national security issues.
"I want to make sure that if there are things I do not understand as the Minister of Justice, I am informed by them,” he said.
“I hope to go there and tell them how the Court Martial’s conduct is perceived by the public.”