The Minister of Justice and Constitutional Affairs, Norbert Mao, has blamed the continued detention of opposition leader Dr. Kizza Besigye on what he describes as the incompetence of his legal team.
Mao, speaking in Parliament, asserted that the government had done its part to facilitate Besigye’s release following a Supreme Court ruling, but his lawyers had failed to expedite the necessary legal procedures.
Mao outlined the steps taken by the government to comply with the court ruling, emphasizing that the delay was not on their part; 31st January 2024: The Supreme Court delivered its judgment regarding Besigye’s case on the 3rd February 2024- The Attorney General wrote to the Ministry of Defense and the Director of Public Prosecutions (DPP), informing them that the cases should be transferred as per the ruling.
On 4th February 2024, the Chief Justice responded by appointing the Principal Judge as the liaison officer to coordinate the transition. On 6th February 2024, the Attorney General’s chambers forwarded the Chief Justice’s letter to the Ministry of Defense and the DPP to ensure compliance.
He continued that after almost two weeks, on 13th February 2024, Besigye’s legal team submitted the draft decree, which, according to Mao, contained errors, including incorrect names. On 14th February 2024, the Attorney General’s office promptly corrected the errors and returned the decree to Besigye’s lawyers.
Despite these steps, Mao stated that his office had not yet received the corrected decree from Besigye’s legal team, further delaying the implementation of the Supreme Court ruling.
Expressing his concerns over the delay, Mao accused Besigye’s lawyers of prioritizing political manoeuvring over their client’s legal needs.
“We are concerned about the slow pace of Besigye’s lawyers. If they were truly concerned about their client’s condition rather than playing politics, they should have acted as fast as we did. Instead, they are playing the victim,” Mao argued.
He insisted that the government had acted swiftly and professionally, but the inefficiency of Besigye’s legal representatives had led to his continued detention.
However, Bugiri Municipality MP Asuman Basalirwa, dismissed Mao’s argument, stating that the Supreme Court judgment was self-executing and did not require the extraction of a decree for implementation.
“Speaker, this judgment was delivered inter-party. The government was represented in court. At the Supreme Court level, decisions are self-executing, and you do not need a decree to act,” Basalirwa countered.
He further questioned the delay in Besigye’s release, suggesting that the government was using legal technicalities as an excuse to prolong his detention.
“With or without a decree, the government ought to have acted. The argument that a decree is necessary for execution is flawed and cannot be used to justify Besigye’s continued detention,” Basalirwa argued.
Basalirwa also highlighted concerns that many other detainees, who may not have legal representation, would be disadvantaged if the government insisted on a decree-based release process.
Besigye, who remains in detention, has reportedly been on a hunger strike, raising concerns about his health. Mao reassured Parliament that prison authorities had taken him to the hospital for medical attention, and doctors were monitoring his condition closely.
“Any person, especially those with health issues, is entitled to medical attention. Besigye was taken to the hospital, and comprehensive tests were conducted. The doctors are managing his condition,” Mao said.
Despite these assurances, opposition figures and human rights activists continue to express concern over Besigye’s prolonged detention and deteriorating health.
The debate over Besigye’s continued detention remains a contentious issue, with opposition members accusing the government of deliberately stalling his release. Civil society organizations have also weighed in, urging authorities to expedite the process and respect court rulings.
The Uganda Law Society has also called for clarity on the necessity of a decree in executing Supreme Court decisions, warning that bureaucratic delays undermine judicial authority and erode public confidence in the legal system.
Meanwhile, Mao insists that the legal process must be followed, and the responsibility lies with Besigye’s legal team to ensure the necessary documents are properly submitted. As the standoff continued, the Speaker of Parliament Anit Among suspended the sitting for 10 minutes for both parties to come up with a definite solution to make sure that Dr Kizza Besigye is set free.
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