Humanist

Award winning human rights advocate, Mr. Nicholas Opiyo, shared a post on X in which he reminded that, in the end, the fully paid-up members of the elite Uganda Law Society (ULS), are the ones who vote for the ULS President.

I was taken aback by the emotionally charged reactions from some active net-citizens who are not lawyers. They who seemingly interpreted Mr. Opiyo’s post as a gag order on non-lawyers. Stopping us from being part of debates accompanying ULS Presidential election campaigns.

As for me, Mr. Opiyo is rightly managing expectations. Even though a candidate is the favourite of the general public, he may not be of the ULS electorate. And if it so happens the popular public candidate isn’t elected by the ULS, it doesn’t mean the results are legally invalid.

Interestingly, by the way, in the past, like many Ugandans I know, who are not lawyers, ULS presidential campaigns have not interested us. Let alone what exactly the ULS is and what it does. For most, it was only when we are in a legal bind, requiring services from “learned ones,” that we sought them. We didn’t involve in the big picture of workings of the justice law and order sector.

The advent of the ULS presidential candidacy and grassroots countrywide campaign of advocate Isaac Ssemakadde has woken us out of our slumber.

He who brands himself as the “legal rebel,” “atanaaba (the unwashed),” who aligns himself in practice and in word as the advocate of and for the “unwashed masses,” the materially poor, marginalized, disenfranchised, and underdogs. Prioritizing his practice of public interest litigation.

Irrespective of his unusual branding, Mr. Ssemakadde is highly thought of and sought after within legal circles. He is “one of Uganda’s most respected human rights attorneys. A freedom of speech absolutist and the most influential Ugandan lawyer on social media,” Benjami Alukinza, Founding Editor at Legal Reports Digital Media, describes him, case in point.

From media reports about his unique work ethic and his pronouncements, Mr. Ssemakadde seemingly subscribes to left wing politics. His manifesto, campaign promises, fit within the ethos he will “seek to achieve social equality and egalitarianism, in opposition to social hierarchies.”

Mr. Ssemakadde campaigning in Kisoro @ Extreme Media, the first ever for a ULS Presidential Candidate.

Those who disagree, focus on their otherness. It is not his legal acumen they have issue with, it is his manners, his decorum – he is uncouth, an embarrassment to the bar, an aberration incompatible with and is disrespectful of the bench, they say.

Whatever the election result, for many years to come, the manner in which Mr. Ssemakadde hijacked criticism, owned it and used it to frame his campaign, will be the talk among us communication practitioners. His comebacks are unforgettable:

“Power masks its corruption in civility. Power masks its violence in decorum. Decorum is the mask of exploitation and oppression.”

Maverick messaging, no less. Coupled with his campaign slogans “Back on Track,” “Bang the Table” and “No Gulag,” his ‘in your face messaging’, vividly highlights the clear difference of what he stands for, as compared to what his opponents stand for.

“It is a referendum for the place of law – and lawyers – in the struggle for freedom in Uganda. My vote will go to a brash, dreadlocked contrarian lawyer whose ‘bang the table’ rallying cry is somewhat reminiscent of a young middle-eastern radical who over 2,000 years ago overturned tables in the Lord’s temple declaring: “It is written, “My house will be called a house of prayer,” but you are making it “a den of robbers” (Matthew 21: 12-13).”

Opinion of a senior lecturer, who teaches constitutional law and legal philosophy, at the School of Law, Makerere University Kampala, published in the Observer, declaring his decision to vote Mr. Ssemakadde the next ULS President.

Disrupting modus operandi of political elections in Uganda in which the norm is to vote for personalities as opposed to ideas for which the person stands. The norm has been to liken a candidate to ‘the Saviour,’ without articulating how he or she will do as ‘the Saviour.’

Mr. Ssemakadde’s brand is: “I will do what ‘the Saviour’ did – overturn the tables, clean up and not allow the legal profession to be infested and occupied, to the extent it has become known as a den of robbers,” kind of. Effectively achieving a Machiavellian dig at one of his opponents in the race, who is part of the current ULS Executive Council.

Back on track, according to Mr Ssemakadde’s brand, means getting back to focusing on fulfilling the ULS “statutory mandate to foster and improve access and administration of justice as well as good governance in Uganda.” Thus, enabling a belief that if he is elected, during his reign, he will proactively address historical injustices within ULS membership.

Such as, for example, marginalization of women lawyers. As can be deduced from the current status quo. Only two (20 percent) of the ten-member ULS Executive Council are women. And of the 21 persons who have ever served in the position of ULS President, only four (19 percent) are women.

For us, the general public, a belief is ignited that during his reign as ULS President, Mr. Ssemakadde will make it highly risky to abuse their positions of power for legal practitioners, in particular, and all duty bearers in public office and the civil service, in general.

That, for example, he will eviscerate the wriggle room to claim “it would be injustice to punish him as a person for actions he did in his official capacity as Administrator General,” as former Administrator General, Mr. Kasibayo Charles, is reported exonerating his liability for his actions. Including:

“Cancellation of a legally obtained land tile through “an elaborate fraudulent process which started with Mr. Kasibayo personally and in his capacity as Administrator General. He has been engaging in moves to frustrate the progress of the criminal investigation, including witness tampering. If the judiciary aims at having upstanding citizens appointed as judges to dispense justice, then Mr. Kasibayo is not one of them.”

This is extracted from a victim statement by Kasajja Festo. Seriously, that one allegedly capable of such criminality is allowed to be Administrator General is mind boggling. It is jaw dropping that even knowing his actions were subject to a criminal investigation (SHACU/GEF/184/2024), Mr. Kasibayo still had the audacity to apply for and was shortlisted among candidates to be vetted to become judges.

Folks, before my late papa died in November 2020, I was like many Ugandans I know. Less concerned about who holds office in directorates, departments and ministries responsible for assuring administration of justice, law and order. Now, I am forced to navigate my quest for justice through them and I wish I had taken interest and gotten involved long ago. Stories abound, like of Mr. Kasajja’s experience of brazen and audacious abuse of office.

It is feasible that he was simply bragging and that Mr. Kasibayo is not his friend, but the way gundi ono gwe muteggedde name-dropped and used his allegedly friendship with Mr. Kasibayo to facilitate inter-meddling and defrauding of my late papa’s estate, you will find unbelievable.

Logically, of course, it makes sense. If a leader has such a reputation that criminals may exploit, they will do so. The proverb, “a man is known by the company he keeps,” holds true. Truly, I honestly find it difficult to believe gundi is actually a lawyer, certainly not an advocate; but the way he blatantly masquerades as one, is eyebrow raising.

I digress. Back on track. Mr. Ssemakadde’s candidature and campaign to be elected ULS President, has ignited interest and hope among us, the people. That it is possible to do so and he will champion a cleanup of the ULS. Rid it of those with the propensity for criminal gains, such as gundi. And that he will institute a culture in which such culprits are named, shamed and the public made aware.

It is exciting to dream that at the very minimum his team will act and bring back real fear among legal practitioners of being legally de-barred or de-robbed. And that such fear will keep them in check, in line, legally engaging in legal practice.

Will he be elected ULS President? The ballot is in the hands of fully paid-up ULS members who will turn up and vote in less than two days, on 28^th September 2024. Does the general public want him elected? Yes, it seems. Will this influence the vote? Perhaps, and I hope so.