The Uganda Law Society recently held the 2nd Annual Sam Kalega Njuba Memorial Lecture, where Asuman Kiyingi emphasized the significance of constitutional due process and administrative integrity. Kiyingi, a notable figure in Ugandan politics and law, recalled the story of Sam Kalega Njuba, a legal icon and freedom fighter who was detained by the military for speaking out against human rights violations. Njuba's detention highlights the importance of protecting citizens and lawyers when the state becomes a threat.
Kiyingi's lecture centered on the question of what protects citizens when the state becomes the threat, and what safeguards are in place to prevent the abuse of power. He noted that a constitution can be beautifully written, but its effectiveness relies on those entrusted with upholding it. The lecture was attended by notable figures, including Justice Esther Kisaakye, the President of the Uganda Law Society, and members of the Njuba family. Kiyingi's personal connection to the Njuba family adds a deeper layer of significance to the lecture.
Sam Kalega Njuba's legacy is one of integrity and credibility, values that he established throughout his career without seeking profit, popularity, or recognition. His memoir, "The Betrayal," provides a record of what happens when constitutional ideals encounter the ambitions and compromises of those in power. Kiyingi's tribute to Njuba highlighted the importance of quiet authority and principled leadership, characteristics that defined Njuba's approach to law and politics.
The lecture also touched on the concept of the "parchment shield," which refers to the idea that a constitution can be beautifully written but is of little use if those entrusted with upholding it are afraid to stand behind it. Kiyingi emphasized that not every prosecution of a politician is political persecution, but the constitutional danger begins when the coercive machinery of the state is used to deny ordinary protections of the law. He cited several cases, including those of Kakwenza Rukirabashaija, Muwanga Kivumbi, and Alex Mufumbiro, which have raised concerns about the use of coercive power and the protection of constitutional rights.
The cases highlighted by Kiyingi demonstrate the need for vigilance in protecting constitutional rights and preventing the abuse of power. The experience of Lord Mayor Erias Lukwago, who was arrested while attempting to serve court process, raises concerns about the vulnerability of the legal process itself. When lawyers and public officials are forcibly prevented from performing their functions, the problem extends beyond individual treatment and threatens the integrity of the legal system.
Kiyingi's lecture also drew attention to the issue of alleged torture and unlawful detention, including the case of Faruku Muhamed. The deeper question in such cases is not simply the treatment of an individual but the broader implications for the protection of constitutional rights and the rule of law. The Uganda Law Society's emphasis on these issues highlights the need for continued reflection and action to ensure that the country's constitutional ideals are upheld.
The 2nd Annual Sam Kalega Njuba Memorial Lecture serves as a reminder of the importance of upholding constitutional due process and administrative integrity in Uganda. As the country continues to navigate the complexities of power and governance, the lecture's themes and messages remain relevant and timely. The legacy of Sam Kalega Njuba continues to inspire reflection and action on these critical issues.
Key points
- The lecture highlighted the importance of protecting citizens and lawyers when the state becomes a threat.
- The concept of the "parchment shield" emphasizes the need for those entrusted with upholding the constitution to stand behind it.
- The cases cited in the lecture demonstrate the need for vigilance in protecting constitutional rights and preventing the abuse of power.
