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Justice Catherine Bamugemereire of the Supreme Court of Uganda has issued a significant ruling that halts all proceedings in the General Court Martial (GCM), declaring the military tribunal’s authority over civilians to be unconstitutional.
This decision paves the way for necessary legal reforms within Uganda’s military justice framework, particularly regarding the prosecution of civilians.
Justice Bamugemereire determined that the GCM, in its current form, does not possess the constitutional authority to adjudicate cases involving civilians, asserting that its structure and procedures contravene the principles of fairness and impartiality enshrined in Uganda’s constitution.
“Judicial power, according to the law, resides within the judiciary, and the General Court Martial operates under the judicial system,” she remarked, further stating, “It constitutes an overreach to establish an offense that renders civilians accountable under military law.”
In her directive, Justice Bamugemereire ordered the suspension of all ongoing civilian trials in the General Court Martial, with the exception of cases involving military personnel.
She underscored that military personnel accused of offenses against civilians should be prosecuted in civilian courts, in accordance with constitutional mandates.
Additionally, she mandated that all cases awaiting trial in the General Court Martial be suspended and subjected to judicial review, with an injunction placed on any further proceedings.
This ruling closely follows a previous decision by Justice Monica Mugenyi, who, along with a panel of seven justices, affirmed the unconstitutionality of section 117(1)(h) of the Uganda People’s Defence Forces (UPDF) Act, which had permitted the trial of civilians in military courts.
