Day of Reckoning is Looming

By Beti Olive Kamya-Turwomwe

It took the “sacrificial” blood of an officer of court, Counsel Kiyemba Mutale, on the Chief Justice’s table, for the Judiciary to admit that they are under siege and that their rulings are conditional to the Executive’s approval.

Perhaps the Judiciary’s belated acknowledgement was a blessing in disguise, otherwise many people would not believe the extent to which this government will go to keep power, not even blood in court will deter them!

I will not dignify government’s response to the Judiciary’s call for assurance that the March 1 High Court thriller will not be repeated, with a response, but I will address myself directly to the likes of Dr Ruhakana Rugunda, the Minister for Internal Affairs, for allowing themselves to be used.

In days gone-by, gray-haired people such as Rugunda would be the fountain of honour, points of reference, cellars of wisdom. Moreover, while tribes like Baganda are said to be diplomatic, smooth, sly and unpredictable, Bakiga are said to be persons of great honour, straightforward, incorruptible and fearless people who will call a spade a spade. What happened to Dr Rugunda? His press statement was most unconvincing.

Does he remember how he never struggled to convince people back in the 80s, and how he was applauded for whatever he said? What is in it for him now that he should struggle so hard to be convincing? Listen to the public, good doctor, on all the media, in bars, churches and private homes. No one is listening to you, you are isolated and on the defensive.

People’s Redemption Army (PRA) maybe a reality and the PRA suspects maybe guilty, as the Executive arm of government has already convicted them, but why is it such an uphill task to get the people on your side of the argument?

And do you think that when you hang the PRA suspects, you will have solved Uganda’s problems and there will be no more insurgency and resistance? You might not know it, but legitimacy is derived from the people, not from the books of law and least of all from the rulers that you have become? Ask yourself why acts you may condemn as unlawful may find legitimacy with the people.

Do you remember the days when you were on the wrong side of the law but on the right side of the people - how they hid you, fed you, defended you, died for you, applauded you and welcomed you at the then City Square in numbers that are yet to be seen in Uganda’s history? How come it was all right then for the crowds to block the Kampala business centre, but not ok for them to assemble there now?

What is in it for Commissioner General of Prisons, Dr John Byabashaija, that a man of your calibre should defy High Court orders on the incredible ground that your orders are from the army? You will evoke “collective responsibility” but was Mr Yoweri Museveni not bound by collective responsibility back in 1980 as Vice Chairperson of the Military Commission, when he broke ranks and went to the bush? Who took the people’s hearts?

Was it Dr Apollo Milton Obote (RIP) in State House, with a national army and superior weapons or Museveni in the bush with a rag-tag guerilla group? Is it possible that power corrupts so absolutely that the Rugundas could have forgotten all this?

President Museveni’s government must be warned that this is a war they are not going to win because it is a war against (the Constitution of) the people of Uganda. It is like a war against the Bible or Koran. You may threaten the people with your gunships, black mambas, safe houses and your personal-to-holder-laws, but the people fight with their spirit - and they always win!

But why should good men like Dr Rugunda allow themselves to go down with a bad government? For a job? Didn’t Gerald Sendaula, Kisamba Mugerwa, Victoria Sekitooleko, Kizza Besigye, Bidandi Ssali, Miriam Matembe, Tom Butime, Henry Tumukunde, Mugisha Muntu and yours truly give up their jobs?

To all public officers who execute unlawful orders on the pretext of following orders from superiors, I wish to remind them of the Nuremberg Trials of 1945, where it was ruled that “following superior’s orders is not a defence for charges of unlawful conduct”.

I therefore strongly advise them that it is their duty as citizens to refuse to execute unlawful orders, because when the day of reckoning comes, as it surely will, now that a group of lawyers have decided to take individual perpetrators of human rights abuse in Uganda before the International Court of Justice (ICJ), there will be nowhere to hide!

The writer is MP, Rubaga North and FDC member.