Celebrating the Love of Friends in a Loving World

Celebrating the Love of Friends in a Loving World
Red Roses for You, My Sweet Friends ... Total Love.

My Sweet Friends

My sweet friends,

We grow closer to each other;

When we interact together and share ideas;

The common faith that we share,

Binds our hearts in one accord.

For sweet friendships last a life time,

When built on mutual respect, humility and understanding;

Throughout each different season,

We find we are one in life.

Sweet friends are there through times of grief;

And times when hope is gone;

Always there with encouragement;

So we can carry on.

I thank the Lord for you,

My true and faithful friends;

To fondly speak with you, whether we agree or not,

On this, our beloved blog;

For sweet friends will stay, no matter what;

Giving support.

Together, our hearts and minds truly unite;

With the amazing love of sweet friends.

In the spirit of true friendship,

Best wishes, my sweet friends;

May the Lord bless you abundantly.

I remain, yours truly,

B.B. Bakampa.

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Thursday, July 23, 2009

The law should be kept supreme at all times

I have followed the current NSSF Temangalo land saga involving Ministers Hon. Amama Mbabazi and Hon. Ezra Suruma together with prominent businessman Mr. Amos Nzeyi with dismay.

On one hand, I feel fearful for my country because I am tempted to believe that we seem to have chosen to tread the wrong paths always in our public administration.

On the other, I feel discouraged by the failure of government to provide an effective, sound and trustworthy system of public affairs management.

In my enthusiasm to understand this, I realised that the problem is not the lack of comprehensive laws to regulate and guide the day to day running, of the state as some of my friends believe, but the non compliance with the laws we have instead.

Our history as a country is characterized by wanton abuse of our laws with impunity so that it now seems to be an acceptable practice. The laws exist only on paper, perhaps for formality purposes, but the reason for their existence remains an unexploited domain.

According to Dr. Ernest K Beyaraza in his book, Social Foundations of Law: A Philosophical Analysis, he argues that laws are made by people as a protective mechanism against the excesses of their leaders. That law zeroes down to ensuring the safety of the physical person in terms of promoting democracy, guaranteeing human rights, promoting social justice among others.
I agree with Dr. Beyaraza and it is on basis of this that I make my submissions.

Laws are made with the view that they are binding over all persons and their activities. This way, they curb the natural human instinct of selfishness and the pursuance of power and influence usually at the expense of the vulnerable members of society. Therefore, laws are afforded an element of supremacy and it is this supremacy that as a nation standing on a foundation of law, we should strive to safeguard.

This means, therefore, that there shouldn’t be any excuse whatsoever for breach of the law lest it loses meaning. The culprits in the NSSF saga must, therefore, be dealt with without fear or favour for flouting the laws seeking to satisfy personal interests, with due regard to their individual human rights. This should extend to other suspects implicated in other probes too.

The purpose of this is to ensure that the law, which seeks to protect the individual, should not be taken advantage of. With this, I am constrained to comment on the Supreme Court’s judgments in the previous two presidential elections petitions of Col. (Rtd) Dr. Kizza Besigye against Gen. (Rtd) Yoweri Kaguta Museveni and the Electoral Commission. With due respect to my Lords, I think that these two consecutive judgments are unfortunate in as far as the supremacy of the law is concerned. They imply that one can deliberately flout the law and still get away with it- and this is terrible. Ugandans invest a lot of resources in elections and so for them to reap sham results at the end of it all without any apprehension of the offending party is unfair.

As a law student, while saying this, I take cognizance of the wise counsel of my Lord, Hon. Justice John William Tsekooko, JSC, to Uganda Christian University Law Society that lawyers and those aspiring to become so, should fulfill the responsibility of safeguarding the independence of the Judiciary by speaking out in defence of Judges whenever they are “publicly denounced for applying the law in a way that produces an unpopular result…” Whereas I agree, I think that this should not mean exonerating Judicial Officers from accounting to the people from whom they draw their mandate as stipulated in the Constitution under A.126. They should be open to a fair share of criticism, from lawyers and non lawyers alike, when they ‘blunder’ in a free and democratic society like ours.

In his play, A Man For All Seasons, Robert Bolt, through Sir Thomas More, addresses the sanctity and indeed the supremacy of law. Thomas More tells Roper that he would afford the Devil protection of the law where necessary, just to keep it (the law) sacrosanct. To him, the law should not be bent to suit particular interests but should be applied as it is even if it shields the worst of all in the circumstances.

In protest, Roper says that he would rather cut down all the forests of laws in England than seek to protect the Devil with them.

Now, here in Uganda, we should emulate the spirit of Sir Thomas More if we are to escape the quagmire of repeated abuse of the law by our leaders. We should cultivate a culture of as much as possible strictly adhering to our laws if we are to make any meaningful progress. Otherwise, we shall remain entangled in the web of corruption, human rights violations and other vices.