Rwakafuuzi awarded for defending Dr Kizza Besgye

CAPTION: Members of Ugansda Uganda Law Society Senior Advocate Ladislaus Kiiza Rwakafuuzi after awarding him January 29th 2025. (Courtsey photo).
By Our reporter
KAMPALA – The Uganda Law Society (ULS) has handed its Radical New Bar Demilitarization Award to Senior Advocate Ladislaus Kiiza Rwakafuuzi for his tireless efforts in fighting for an independent and demilitarized judiciary in Uganda.
The citation, presented by ULS President Isaac Ssemakadde, recognizes Rwakafuuzi’s lifetime commitment to defending the rights of the most vulnerable in society. Rwakafuuzi, now 63 years old, has dedicated his entire legal career to standing up against the trial of civilians in military courts, a practice that has ravaged communities across Uganda.
Ssemakadde who was represented by Lawyer Gorreti Nakamya, the Spokesperson of Radical New Bar Think Tank, praised Rwakafuuzi’s bravery in the face of adversity, noting that his health has faltered, and he has suffered a stroke, but his spirit remains unbroken.
The award, she said, is a testament to Rwakafuuzi’s unwavering commitment to justice and his role in reshaping Uganda’s legal landscape.
Ssemakadde highlighted Rwakafuuzi’s pivotal defense of Rtd. Col. Dr. Kizza Besigye and his numerous co-accused, who faced grave charges of terrorism and illegal possession of firearms before the General Court Martial in November 2005. Through Rwakafuuzi’s momentous leadership of Uganda’s human rights bar, Dr. Besigye secured the transfer of his case to the High Court, establish the landmark precedent on bail.
Ssemakadde also noted that Rwakafuuzi’s defiance of the UPDF Act ignited a beacon of hope for thousands of civilians trapped within the deeply flawed system. Although the battle reached the Supreme Court in Namugerwa Hadijah v. Attorney General (Civil Appeal 4 of 2012), victory remained elusive.
Yet Rwakafuuzi’s persistence ultimately bore fruit in the watershed case of Michael Kabaziguruka v. Attorney General (Constitutional Petition 45 of 2016), where the Constitutional Court finally struck down the practice of trying civilians in military courts as unconstitutional.
CAPTION: Ladislaus Kiiza Rwakafuuzi with his ward.
Ssemakadde emphasized that Rwakafuuzi’s award is not just a recognition of his past achievements but also a call to action for the Uganda Law Society to pursue his long-overdue appointment as Senior Counsel under the Advocates (Senior Counsel) Regulations 2018.
In his acceptance remarks, Rwakafuuzi expressed his concerns about the state of justice in Uganda, emphasizing the importance of legitimate expectation and the rule of law which he described as the bedrock of justice.
He reflected on his experiences during the overthrow of Idi Amin and the subsequent ‘imposition’ of peace by the National Resistance Army rebels. Rwakafuuzi revealed that he survived a bullet during the tumultuous period in Wandegeya during those days. He however lamented that the people who ushered in that peace have started bouncing it back, saying he is not surprised after all, ushers are also bouncers.
As a seasoned lawyer, Rwakafuuzi shared that he has represented clients in several high-profile cases, including Karugaba Vs Attorney General. He questioned the constitutionality of executing soldiers who robbed and killed an Irish priest, Father Anthony, in Karamoja. Rwakafuuzi stated that he successfully argued the case, and the Supreme Court ultimately ruled that the execution was illegal as there was no war in Karamoja during that time that called for a field Marshal to sit and execute someone.
Rwakafuuzi also discussed that the General Court Martial (GCM) was started around 2001and that it was supposed to deal with a crisis that arose from the elections where many people had guns, a crisis he said was created by the Government at that time.
He noted that the late Gen Elly Tumwine was the first Court Martial Chairperson and dismissed some cases that were not fit to be before him, including a case when someone was arrested from a construction site and charged before the Court Martial over robbery of a doorbell.
Meanwhile, Parliament’s Human Rights Committee says former FDC leader, Dr. Kiiza Besigye expressed fears that he might be killed while in detention at Luzira maximum prison.
The Committee chaired by West Budama MP, Fox Odoi over the weekend visited Dr. Kiiza Besigye and his co-accused Haj Obed Lutale.
In a report, Fox Odoi told Parliament that Besigye complained that he was being held in solitary confinement of what he allegedly described as prison with in prison.
Besigye reportedly shared concerns about unexplained late-night activities within the prison such as padlocks being closed and opened without entering his cell.
“He fears being poisoned or harmed in such environment,”he said.
There were reports that Besigye had gone on a hunger strike fearing that he could be poisoned by the jailer.
Fox Odoi said Dr Besigye told the committee that he has access to adequate food with three authorized suppliers providing his needs.
“His co-accused has three authorized suppliers providing his food” he said.
The Committee observed that the food provided by Uganda Prison Service lack variety and does not meet the minimum standards of a balanced diet as provided for the law.
The committee observed that the rate of occupancy of Luzira Maximum prison exceeds five hundred percent yet the facility was supposed to hold 600 prisoners.
Luzira currently hold over three thousand two hundred prisoners. The majority of the prisoners are on pretrial detention or not yet convicted.
Minority Report by Odur
Erute South Member of Parliament, Jonathan Odur presented a minority report dissenting on some of the issues raised by the Committee Chairperson.
The Committee that visited Besigye consisted of MPS from the ruling NRM party, the opposition and some Independent MPS.
Odur said Besigye who prison number is Uganda Remand 1867 feared that he could be poisoned while in prison.
“His biggest is that the state being the complainant in his case, the persecutor, and has the command and control of the Uganda prisons puts him in danger” he said.
He told Parliament that Besigye told the committee of an incident where deep in the night two of the four doors to his detention cell were opened.
“This scared him into shouting loudly and people openly retreated. He sought an explanation. And three different versions were told to him” said Odur.
“It was a submission of Dr. Kiiza Besigye that he being detained alone and is not allowed to interact with other prisoners including attending prayers on Sunday with the rest of the prisoners” he said.
According to Odur, the Commissioner General of Prisons, Johnson Byabashaija told MPS that Colonel Besigye was being held under solitary confinement for his safety, but also that Besigye has the capacity to excite the prisoners which might spiral out of control.
Besigye’s Christmas Message confiscated Odur further reported that the prison’s authorities confiscated Dr. Besigye message which he had intended to be communicated as part of the Christmas greetings to Ugandans. “Uganda Remand 1867 Dr. Kiiza Besigye wrote a Christmas greetings and message to Ugandans. And it was confiscated for having two words. : freedom and Justice”’ said
MPS Debate Report
Ndorwa County East MP, Wilfred Nuwagaba said the solitary confinement of a prisoner on remand is illegal. “It amounts to torture. And the prison officers must be cautioned and told in an explicit term said Nuwagaba who has previously served as shadow Attorney General.