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Attorney General defends appointment of judges in acting capacity

By Ruth Anderah

The Attorney General has defended the decision by President Museveni to appoint 16 High Court Judges in Acting Capacity.

In May 2022, president Museveni appointed 16 Judges of the High Court to serve in Acting Capacity for two years in a bid to strengthen the staffing gaps in the Judiciary as well as to reduce the case backlog in the justice system.

The Attorney General says it is lawful to appoint acting judges and therefore the petition challenging the appointments should be dismissed with costs.

On June 8th 2022, Makerere University Lecturer of Law, Dr Kabumba Busingye together with lawyer Andrew Karamagi petitioned the Constitutional Court seeking to declare the said appointments illegal.

This was on the basis that the appointments in acting capacity violate several constitutional provisions which refer to Supremacy of the Constitution and the Independence of the Judiciary.

The Attorney General however, based on an affidavit of the Registrar of Judicial Service Commission Julius Mwebembezi wants the case dismissed on grounds that it lacks merit.

According to Mwebembezi, the terms of service for the Acting Judges are not different from those judicial officers already serving as provided for under the constitution.

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