Lawyer Yvonne Mpambara has criticised recent remarks attributed to Uganda’s Chief Justice Flavian Zeija over the issuance of injunctions affecting strategic government projects, warning that such comments could undermine judicial independence.
Mpambara said she had joined other legal professionals and civil society voices in condemning what she described as a warning to judicial officers against granting injunctions in cases involving major government projects.
According to Mpambara, the remarks go beyond judicial guidance and could create fear among judges considering cases involving the government.
“This is not guidance. It is intimidation,” Mpambara said, arguing that judicial independence is protected by Uganda’s Constitution under Article 128.
She said judges should be able to determine cases according to the law and evidence without fearing disciplinary or criminal consequences based on the outcome of their decisions.
Mpambara specifically raised concerns about the potential impact on communities affected by government projects, including those facing land acquisition, environmental damage and disputes over compensation.
She argued that injunctions remain an important legal remedy that allows courts to temporarily halt disputed actions while substantive cases are being determined.
“Weakening that remedy doesn’t serve development, it removes the one check that holds power accountable when it matters most,” she said.
The lawyer called on Zeija to withdraw the remarks and publicly reaffirm that judicial officers have the freedom to determine cases, including applications for injunctions, without fear of reprisal.
She also called for a review of Uganda’s Code of Judicial Conduct, saying the framework should provide stronger safeguards for judicial independence at all levels of the Judiciary.
Her comments come amid wider debate in Uganda over the relationship between the Judiciary and government, particularly where court orders affect major public projects and state programmes.
The controversy centres on how courts can balance the public interest in implementing development projects with the constitutional obligation to protect individual and community rights.
Mpambara maintained that judicial independence should not be viewed as a privilege enjoyed by judges, but as a protection for citizens seeking justice.
“An independent judiciary is not a privilege for judges. It is a right of the people,” she said.