A row is brewing in Uganda’s justice system where judges and lawyers find themselves at opposite sides of the debate about British colonial traditions especially at the courts.
The question is whether to maintain or do away with colonial-era etiquettes in courtrooms such as bowing before judges during court sessions.
Judges are kicking against a directive by lawyers to stop the practice and addressing them as “My Lord” and “My Lady”, a practice which they say must not be scrapped.
The directive by the Uganda Law Society (ULS) described the British inspired traditions as “feudal colonial honorifics” which gives judicial officers a false sense of importance to sections of society whom they serve. The ULS said some aspects of the legal system bequeathed to Uganda by the British colonial system have been rendere archaic by time and are therefore without any functional value.
“The practice of bowing or any other form of physical subservience before judicial officers is henceforth prohibited for all members of the Uganda Law Society,” a statement by ULS president Isaac Ssemakadde said.
He argued that to “decolonising” the Ugandan justice system, far reaching reforms should sweep colonial constructs aside and instead use plain language to address judges and magistrates.
In Uganda like the rest of most Anglophone countries in Africa, magistrates presiding over lower courts are addressed as ”Your Worship” or “Your Honour” while Supreme Court Justices, Court of Appeal, and High Court Judges are referred to as ”My Lord” or ”My Lady”.
Ssemakadde said the association of lawyers is suggesting the terms “Mr Justice”, “Madam Justice”, “Mr Judge”, “Madam Judge”, “Mr Magistrate”. Where these are not used judicial officers should be addressed by their surnames.
However, officials of the Ugandan judiciary are up in arms against the directive, saying its too intrusive and will expect lawyers to continue with the same etiquettes. They hold that lawyers do nt have the authority to impose whaat should be courtroom etiquettes.
The judges said these efforts to reform the justice system is misguided, given that they are not cognisant of established management practices which appeals to order and consistency.
WN/as/APA