The Uganda Law Society (ULS) has called on the newly appointed Inspector General of Government (IGG), Lady Justice Aisha Naluzze Batala, to resign from the Judiciary before assuming her new office.
In a statement issued on Friday, the lawyers’ body congratulated Justice Naluzze on her appointment and subsequent confirmation by Parliament but warned that her continued service in the Judiciary would contravene the Constitution and undermine the integrity of the IGG’s office.
ULS cited Article 223(4) of the Constitution, which bars the IGG from holding any other office of emolument in the public service.
The Society also referred to the 2008 Constitutional Court ruling in Jim Muhwezi & Others v Attorney General, which determined that appointing a sitting judge as IGG violates the doctrine of separation of powers.
Justice Naluzze was among several presidential nominees vetted by Parliament’s Appointments Committee on Thursday. Deputy Speaker Thomas Tayebwa, who chaired the session, said the committee would forward its recommendations to the President for further consideration.
According to Section 20 of the Administration of the Judiciary Act, a judicial officer appointed to a non-judicial institution must either take unpaid leave not exceeding three years or retire from the bench. Given that the IGG’s term is four years, renewable once, ULS argued that Justice Naluzze’s appointment effectively ends her judicial career.
Speaking on behalf of the Society, Vice President Asiimwe Anthony urged Justice Naluzze to resign from the Judiciary before taking office to “avoid litigation and potential disruption” to the work of the Inspectorate.
ULS further warned that failure to comply would breach both the Constitution and the Judiciary Act, and could leave a “permanent blemish” on Justice Naluzze’s professional integrity.
Justice Naluzze succeeds Beti Kamya, whose four-year term as IGG ended earlier this week.