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Justice Catherine Bamugemereire has, in her ruling, SUSPENDED all the proceedings ongoing in the General Court Martial.
Kampala-Uganda. Justice Catherine Bamugemereire has, in her ruling, SUSPENDED all the proceedings ongoing in the General Court Martial after finding it inconsistent with the constitution. She has called for the amendment of the UPDF Act. She recommends that the arraignment of any soldier who commits an offense on the Civilians should be arraigned in civil courts.
Catherine Bamugemereire JSC
1. Agrees with the Constitutional Court on the restrictive nature of the jurisdiction of the CM. The jurisdiction of the CM is invoked where a disciplinary or military offence is committed.
2. Holds that the GCM as currently set up can’t accord a fair trial and its exercise of judicial powers over civilians is unconstitutional. The members of the CM are not independent.
3. Does not agree that civilians can be tried by CM even for aiding and abetting of military offences. This a departure from the judgement of the Constitutional Court which saved the jurisdiction of the CM under s. 117(1)(g). Suspends all trials of civilians in the CM and orders sentences for those already convicted should be subjected to judicial review by civil courts, except those sentences which have been served.