When going to court is a crime By James Tumusiime Feb 14, 2004
Movement functionaries are not only angry that Democratic Party President Dr Paul Ssemogerere scored an important Supreme Court victory, nullifying the Constitutional (Amendment) Act 13 of 2000 last week; they are also crying foul that he has made a habit of resorting to the courts of law.
SWEET VICTORY: Dr Ssemogerere
Ordinarily, Movement leaders would have been expected to claim credit for the fact that Ssemogerere can go to court and get a fair hearing.
That is the rule of law "ushered in by the NRM", they are wont to say. A few have toed that line, but many others are not amused; going by their comments in public.
It seems the stakes are higher this time round. The vocal State House barking dog Fox Odoi, acting Principal Private Secretary to President Museveni, dismissed Ssemogerere as a "professional litigant" and vowed that the Movement would not be brought down by law because it was not established by law!
PROFESSIONAL LITIGANT: Mr Odoi
Minister of State for Energy Daudi Migereko advised Ssemogerere to take his case to the people instead of resorting to the courts. "One should not resort to court to get a decision on everything," he said.
Then Minister of State for Local Government, Dr Philip Byaruhanga recently "advised' the DP to "stop wasting time" by going to court and concentrate on mobilising the people for the 2006 elections.
One wonders why going to court has now suddenly become such a bad thing, yet the NRM has always claimed credit for creating an independent judiciary. The answer lies in the fact that although the NRM is 18 years old in power, it is yet to learn how to lose honourably. The NRM Government is still a bad loser.
If you must take it to court, then you must lose. The NRM Government either wins or you lose. That is its character. It never really means what it says, except in a philosophical sense. When the Movement leaders say you should not speak in the wrong forum, they are basically saying that you should not criticise the Government, more so in the open.
You can speak in any forum - including the wrong one - as long as what you say is not critical of Government. Or else Maj. Roland Kakooza Mutale would have been punished for alleging that former ministers Eriya Kategaya and Bidandi Ssali wanted to overthrow the Government - in the wrong forum. I guess the right forum would have been Police.
THE PEOPLE: Mr Migereko
When they say army officers should not involve themselves in partisan politics, they really mean army officers should not speak out in support of the opposition.
It is okay if they get involved on the side of the Government. Or else Brig. Jim Muhwezi, Big. Henry Tumukunde, Col. Noble Mayombo and Maj. Gen. Katumba Wamala, among others, would have been court-martialled for openly campaigning for candidate Museveni during the 2001 presidential campaigns.
When they say religious leaders should keep out of politics, they mean church leaders should not criticise the Government.
Their involvement in politics is only acceptable if they take positions favourable to the Movement. It is okay for Rev. Fr. Dr. John Mary Waliggo to sing praises of President Museveni but it is not okay for Rev. Fr. Dr. Lawrence Kanyike to take on the President.
When they say "the people", they mean those who support the Movement, others are ... I guess animals (or is it biological substances as one cadre one time called us?).
And when they say they ushered in peace, they refer mainly to areas that support the Movement. In the same way, it is okay to go to court as long as you do not defeat the state. If they win, like they did against Dr Kizza Besigye in 2001, fine. That is the beauty of law and order ushered in by the NRM.
But should they lose, then either the judges are UPC sympathisers who want to fail the Movement, or the petitioners are idle and disorderly people who have nothing better to do. They want to have their cake and eat it too.
Another reason Movement men are ridiculing Ssemogerere is because they tend to hold in contempt any challenge of a civil or legal nature. Because of their military background, they do not really think anything other than military might can shake their foundation. That attitude is best illustrated by Mr Odoi when he says that the Movement is not founded on law.
Even when the Movement holds elections, it is not really prepared to lose them. That is why on the eve of the 1996 elections, Museveni went on national television to say he would not hand over power to past leaders. In 2001, Brig.
Tumukunde, then ISO chief, reminded Ugandans that "we still have the guns we came with." In fact, if you remember, commenting on the disputed elections in Zimbabwe, a giggling Mr Museveni said: "Do you think [Robert] Mugabe would have left power if he had lost?" He was making the point that revolutionaries like him (and Mugabe) do not leave power that easily.
Indeed, Odoi was right: the Movement may not be overthrown legally, because it would not respect a legal coup. But it can be overthrown militarily. Thus it takes the rebel LRA's Joseph Kony more seriously than Ssemogerere and other politicians who have tried to use civil/legal means to change the status quo.
In fact, the Movement despises such leaders and their 'feeble' attempts to cause a change in the status quo. Museveni even writes letters to Kony, but he cannot do the same to Ssemogerere. He has said, several times, that he will never work with Ssemogerere again.
A culture that worships violence has become so entrenched in this country because over the years violence appears to have triumphed. Ugandans tend to adore settling matters out of court - in the jungle! We would rather lynch a suspect than "endure" the legal process.
Generally in Uganda, evil tends to be rewarded while good manners are sneered at. Ministers censured by Parliament get promoted. The corrupt politician who buys votes is the hero of his constituency. The young man or woman who steals from his/her employer and builds a magnificent house is more respected by his family and relatives than the honest fellow who resists the temptation to steal and thus fails to buy a car or build a house. The bad driver who creates another lane to beat the traffic jam gets away with it and arrives at his destination faster than you, the disciplined guy who hates breaking traffic rules.
The businessman who evades taxes, undercuts the honest trader and pushes him or her out of business is feted. And the politician who goes to court is ridiculed while the one who goes to the bush is respected.
When all this happens, you get the sense that being good does not pay, and you get tempted to play dirty too. Yet it is a temptation we must resist or we shall live in anarchy forever.
The author is OP-ED Editor of The Monitor [EMAIL PROTECTED]
© 2004 The Monitor Publications
Gook
“The strategy of the guerilla struggle was to cause maximum chaos and destruction in order to render the government of the day very unpopular”
Lt. Gen. Kaguta Museveni (Leader of the NRA guerilla army in Luwero)
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