Charles Mwanguhya
KampalaOfficials at the Ministry of Foreign Affairs have blocked the re-election of Supreme Court judge George Kanyeihamba to the African Court on peoples and human rights saying
“he might use his position to embarrass the government of Uganda.”
Ministry officials want him replaced with longtime friend and colleague Justice Joseph Nyamihana Mulenga – a move that has strained a decades long friendship between Justice Mulenga and Justice Kanyeihamba.
Justice Kanyeihamba is known for voting to nullify the election of President Museveni on both occasions main challenger Kizza Besigye has petitioned the Supreme Court challenging the presidential election results.
In 2001 and 2006 he ruled that the election was rigged to such a level that it required nullification of the result.
Justice Kanyeihamba, who has served a two-year term at the 11-member continental court, is due for re-election when the Africa Commission convenes later this month or early next month.
Other colleagues Justice Sophia Akuffo Ngoepe of Ghana, Justice Bernard Makgabo of South Africa and Justice Jean Emile Somda of Burkina Faso, were elected to serve two years but are all eligible for re-election, according to a note from the AU secretariat seen by this Daily Monitor.
According to the charter establishing the African Court on Human and People’s rights, the court is comprised of 13 judges, out of these four are elected for a two-year term which is renewable, four are elected for a four-year term and five for a six-year term.
A trail of documents seen by Daily Monitor show a drawn out struggle between Justice Kanyeihamba, who believes he rightly deserves another chance to serve at the court, and a host of civil servants including Permanent Secretary James Mugume and foreign service officer Rosette Nyirikindi, who are determined to have him replaced by Justice Mulenga.
The political leaders at the top seem lost in the battle, at least according to the documents.
As the jostling continues, time is running out –and other member countries in the east African region may seize the opportunity to front alternatives.
According to a May 15 letter jointly addressed to Prime Minister Apollo Nsibambi, Justice and Constitutional Affairs Minister Kidhu Makubuya, Foreign Minister Sam Kutesa, Security Minister Amama Mbabazi and Internal Affairs Minister Ruhakana Rugunda, Justice Kanyeihamba calls the attempts to block his re-election a scandal.
The letter also copied to State Minister Freddie Ruhindi (Justice and Constitutional Affairs) and Isaac Musumba (Regional Cooperation) is titled The scandal surrounding Kanyeihamba’s re-election to the African Court on Human and People’s Rights.
Justice Kanyeihamba notes in the letter; “You will forgive me for taking the liberty to address you jointly on this matter which I believe that if not properly handled may damage the reputation of my government,” he wrote adding,
“I have also addressed you because each of you at one time or another heard about the goings on in the Ministry of Foreign Affairs behind (the) Hon ministers responsible, in an effort to stop Kanyeihamba from being re-elected to the African Court.”
The judge directly accused, in the letter, the PS, Ambassador Mugume, whom he says fabricated falsehoods to block his re-election.
Evidence seen by Daily Monitor shows that in an undated reminder, the AU Secretariat wrote to Kampala about the impending election process asking the member countries to submit their documents to the legal counsel at the secretariat in Addis Ababa by April 30.
The memo indicated that elections would be held at the 13th extraordinary session of the Executive Counsel in June/July 2008.
On April 17,h the Prof. Makubuya wrote to his counterpart in Foreign Affairs, Mr Sam Kutesa, indicating that “It is in Uganda’s national interest that Justice Kanyeihamba be re-elected,” this, he said in his letter, “is to request you to take the same view of the matter” and urged him to “quickly contact the legal counsel to the African Union with the necessary documentation and support the candidature of Mr Justice Kanyeihamba.”
Responding to the same, Ms Rose Nyirikindi, wrote on behalf of Ambassador Mugume to the Ugandan embassy in Addis Ababa, asking the embassy to forward Justice Mulenga’s CV to the AU Secretariat as Uganda’s choice for the job.
Ms Nyirikindi referred to an earlier communication, which Daily Monitor has not yet seen that apparently nominated Justice Mulenga.
Nyirikindi urged, “This is to request you to urgently confirm that the above candidature has been submitted to the AU Secretariat or the appropriate organ.”
But on learning of the effort to rig him out, Justice Kanyeihamba engaged high gear and contacted Prime Minister Nsibambi to intervene.
On April 24 Prof. Nisbambi wrote to the AU directly and indicated that “the government of Uganda supports the re-election of Justice Kanyeihamba.”
After Prof. Nsibambi’s letter, Justice Kanyeihamba reportedly relaxed given the PM’s weight, and knowing that his word would be final.
But shortly after, officials at the Foreign Ministry wrote to the AU, through the embassy in Addis asking them to “ignore” Prof. Nsibambi’s letter which they said was written in error and instead urged officials there to proceed with ensuring Justice Mulenga’s confirmation.
Ambassador Mugume yesterday played down the controversy in an interview with Daily Monitor.
“The government has the prerogative to select who should be its representative
to that court. Kanyeihamba has served one term and government using its
prerogative has decided to select someone else,”
Ambassador Mugume. Personal meetings Apparently Justice Kanyeihamba, a former Constituent Assembly member, two time minister and former MP was not willing to leave anything to chance, he met and discussed his fate and the efforts to block his re-election with Mr Kutesa, who denied knowledge of the attempt.
Mr Ruhindi assured him that the job was his and he had full government backing and Mr Isaac Musumba who not only assured him of government’s support but also personally moved with him to Ambassador Mugume’s office and left instructions that Justice Kanyeihamba’s name be submitted as Uganda’s nominee.
Mr Musumba left the two together to finalise the details as a desperate Kanyeihamba even offered to take care of the mailing (of the response) to ensure he did not miss the deadline.
According to one of the letters he wrote pleading his case, which Daily Monitor has also seen, Justice Kanyeihamba says that as soon as Mr Musumba had left, Ambassador Mugume told him that the minister’s instructions would not be followed.
How Mulenga got JobIn all the fracas, Daily Monitor has been unable to find a clear trail of how Justice Mulenga got into the picture and what efforts he made to ensure he takes the job.
But sources at Foreign Affairs said Justice Mulenga whose own term at the East African court has expired and is due to retire from the Judiciary at the end of this year, approached friends in the ministry trying to find something to do.
But some officials were already uncomfortable with Justice Kanyeihamba and sought to take advantage of the position at the AU which was technically falling vacant though current office holders had a chance to be re-elected.
But on learning that it was his lifetime friend, who was lined up to replace him, he opted for face-to-face talks.
Justice Mulenga apparently in a tense discussion in his chambers with Justice Kanyeihamba denied knowledge of his selection.
Sources within the Judiciary say the matter has created tension among the two judges and their private disagreement is beginning to filter through the closed doors into corridor discussions.
Justice Kanyeihamba refused to discuss the story with Daily Monitor only saying that he was “aware of the issue but it is being handled in government.”
Asked to give a more detailed comment, he said, “I don’t want to comment about it now.”Justice Kanyeihamba is due for retirement next year.
