President Yoweri Kaguta Museveni has asserted that despite the decision by the Supreme Court in the matter of the civilians being tried by the General Court Martial (GCM), it will not be quashed because it is a method freedom fighters support for reinforcing the civilian judicial system to defend the lives of Ugandans against criminals armed with guns.
“If you are not a soldier, why do you arm yourself with guns and, moreover, for criminal purposes and illegally, that is a monopoly of the Armed Forces? If you voluntarily acquire these guns, why should you complain when you are tried in a forum that deals with those matters when soldiers are involved?” Museveni wondered.
This is contained in the President’s message to the ruling by a panel of five judges nullifying the trial of civilians in a military court martial.
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He argued that military courts helped to discipline Karamoja, a matter which had failed the civilian judicial officers. “We can’t and will not abandon the useful instrument for stability. Civilian magistrates were even fearing to go to Karamoja, military courts have pacified Karamoja and saved thousands of Karachunas (warrior youths) that are now guests of the state in prison, who could probably be dead by now in their confrontation with the army,” he observed.
Further on in defence of the GCM, President Museveni suggested that since judges interpret the law, let the Attorney General propose amendments to the constitution to help our judges in future from interfering with useful self-protection instruments for the country and also remove any irrationalities if any.
He noted that according to the summary given to him on phone by the the Attorney General, there appears to be some positive movement among the foreign oriented judges even in this matter, citing Justices Chibita and Mugyenyi whom he said first sided with the logic that the simple people understand and support the guns armed criminals being tried in the Court Martial. He noted that even the Chief Justice ruled that the Court Martial could be used if adjustments are done here and there, saying; “I salute that contribution.”
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“Even the others who ruled against us, had some interesting comments that will be followed up, that point towards the need for some rationalization in the
procedure of trying civilians in the Military Courts. Somebody wondered why even a soldier should be tried in a Military Court for rape. We shall analyze all that.
He added that however, one of the aims of the military courts is to protect the Army against crime and to ease procedures, wondering how easy it will be to try soldiers who have stolen army rations in civilian courts because stealing is an offence in the penal code. He asked why they are not tried in the military court with a right to appeal to the higher National Courts if you are not satisfied.
Museveni observed that the country is not governed by the Judges, but rather by the People – all Ugandans, that are old enough to vote. He also noted that in the matter of the Constitution and other legislations, we govern ourselves by having Referenda or Constitutional amendments or amendments of the laws by Parliament.
The president wrote that if jurisdiction in the Western Countries can provide that a man can marry another man or a woman another woman, why can’t Uganda’s jurisdiction provide that a criminally minded civilian that acquires a gun for
criminal intentions, be tried in a Military Court?
He expressed the opinion that since the rape, corruption and other cases are tried in military courts to protect the institution of the army, the guns armed illegal operators should be tried, initially, in military courts to protect the society.