Kabwegyere is right, law doesn't run Ugandan society
First Published by Daily Monitor Tuesday May 3, 2011
Vincent Nuwagaba
I listened to the Capital Gang on Saturday 30th April and was left appalled by our ministers notably Matia Kasaija and Professor Kabwegyere. While Mr Matia Kasaija argued that it is Besigye who has caused all this mayhem and not the police, Kabwegyere openly said, “Law doesn’t run society”. Professor Kabwegyere is a man old enough to be my grand father and I accordingly have deep respect for him. I am appalled, however, that he has been utterly corrupted as to think that the laws we have are not necessary. His remarks remind me of Lord Acton’s words, “power tends to corrupt and absolute power corrupts absolutely”. Professor Kabwegyere wrote a book titled “People’s Choice: People’s Power”. In the book, he hailed the provision on term limits in our 1995 constitution as the most sacrosanct provision. He goes further to state that if anyone dared to tinker with the term limit provision, he would be the first person to lie on the street in protest against such a person. Indeed Kabwegyere was right. By the time Kabwegyere wrote his book, he hailed constitutionalism and rule of law. I met Professor Kabwegyere, later in 2005 and when I referred him to his book on term limits he told me, “You see, society changes”. Ironically today, he doesn’t lack the audacity to state that law doesn’t run society.
In my first lecture for International Law at the university, our lecturer introduced the lecture with a legal maxim; “Ubi Societas Ibi Jus” which means where there is society there is law. This maxim is axiomatic. We have various laws in Uganda although the supreme law of the land is the constitution. While growing up, we had an unwritten law at home – we wouldn’t go to sleep without praying the rosary. Whenever someone older came home, I would get off the seat for him/her. Stealing and uttering vulgar words were unheard of, and so forth. This means, whether written or unwritten, every society has a law to govern it. While Kabwegyere’s comment is surprising, it confirms the practice in Uganda. The practice is that we have a lawless society. That is why police and other security personnel commit crimes in the open with impunity. While we have a written constitution which is merely for cosmetic and window-dressing purposes, there happens to be a plethora of de facto unwritten laws that govern the key opposition figures and the media. These laws include, No media house shall air live broadcasts of Besigye and Mao’s arrests; Any media house that violates that law shall have its licence cancelled and be put off-air; Besigye and Mao shall not walk on foot in any part of the country; Besigye and Mao shall not wave to the people even if they are being driven in their vehicles; Besigye shall not go to Wandegeya even if he is going to his bank; He shall never go to Makerere even if he is going to clear his dependents’ tuititon; Tormentors of the opposition shall never be prosecuted even when there’s overwhelming evidence; Whether in Nakasongora, Kasangati or Nabweru, Dr Kizza Besigye’s case shall be handled by Justine Atukwasa; Besigye shall not fly out of the country even when he is going for treatment unless he is cleared by President Museveni; the right to peaceful demonstration shall be criminalized as long as the demonstration aims at expressing dissent; Besigye shall never sleep at his home without unsolicited security surveillance; among others.
Whoever disagrees with the above commits a crime and shall be handled with reasonable force. Ultimately, Ugandans need to put to task the managers of the state to explain whether our taxes are paid to do the above. We may be headed for the Hobbesian state of nature whereby every man is against every man; whereby life is solitary, poor, nasty, brutish and short.
Nuwagaba is a human rights defender
vnuwagaba@gmail.com
Vincent Nuwagaba
I listened to the Capital Gang on Saturday 30th April and was left appalled by our ministers notably Matia Kasaija and Professor Kabwegyere. While Mr Matia Kasaija argued that it is Besigye who has caused all this mayhem and not the police, Kabwegyere openly said, “Law doesn’t run society”. Professor Kabwegyere is a man old enough to be my grand father and I accordingly have deep respect for him. I am appalled, however, that he has been utterly corrupted as to think that the laws we have are not necessary. His remarks remind me of Lord Acton’s words, “power tends to corrupt and absolute power corrupts absolutely”. Professor Kabwegyere wrote a book titled “People’s Choice: People’s Power”. In the book, he hailed the provision on term limits in our 1995 constitution as the most sacrosanct provision. He goes further to state that if anyone dared to tinker with the term limit provision, he would be the first person to lie on the street in protest against such a person. Indeed Kabwegyere was right. By the time Kabwegyere wrote his book, he hailed constitutionalism and rule of law. I met Professor Kabwegyere, later in 2005 and when I referred him to his book on term limits he told me, “You see, society changes”. Ironically today, he doesn’t lack the audacity to state that law doesn’t run society.
In my first lecture for International Law at the university, our lecturer introduced the lecture with a legal maxim; “Ubi Societas Ibi Jus” which means where there is society there is law. This maxim is axiomatic. We have various laws in Uganda although the supreme law of the land is the constitution. While growing up, we had an unwritten law at home – we wouldn’t go to sleep without praying the rosary. Whenever someone older came home, I would get off the seat for him/her. Stealing and uttering vulgar words were unheard of, and so forth. This means, whether written or unwritten, every society has a law to govern it. While Kabwegyere’s comment is surprising, it confirms the practice in Uganda. The practice is that we have a lawless society. That is why police and other security personnel commit crimes in the open with impunity. While we have a written constitution which is merely for cosmetic and window-dressing purposes, there happens to be a plethora of de facto unwritten laws that govern the key opposition figures and the media. These laws include, No media house shall air live broadcasts of Besigye and Mao’s arrests; Any media house that violates that law shall have its licence cancelled and be put off-air; Besigye and Mao shall not walk on foot in any part of the country; Besigye and Mao shall not wave to the people even if they are being driven in their vehicles; Besigye shall not go to Wandegeya even if he is going to his bank; He shall never go to Makerere even if he is going to clear his dependents’ tuititon; Tormentors of the opposition shall never be prosecuted even when there’s overwhelming evidence; Whether in Nakasongora, Kasangati or Nabweru, Dr Kizza Besigye’s case shall be handled by Justine Atukwasa; Besigye shall not fly out of the country even when he is going for treatment unless he is cleared by President Museveni; the right to peaceful demonstration shall be criminalized as long as the demonstration aims at expressing dissent; Besigye shall never sleep at his home without unsolicited security surveillance; among others.
Whoever disagrees with the above commits a crime and shall be handled with reasonable force. Ultimately, Ugandans need to put to task the managers of the state to explain whether our taxes are paid to do the above. We may be headed for the Hobbesian state of nature whereby every man is against every man; whereby life is solitary, poor, nasty, brutish and short.
Nuwagaba is a human rights defender
vnuwagaba@gmail.com
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