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Gov’t Asks East African Court to Dismiss Mabirizi Case Against Appointment of New Chief Justice

The Attorney General who is the legal representative of Government in court cases has asked the East African Court of Justice to dismiss with costs  a case which was filed by Ugandan lawyer Hassan Male Mabirizi challenging the appointment of Aliphonse Owinyi Dollo as Chief Justice and Richard Buteera as his deputy.

In the response filed in this court this week, the Attorney General says Mabirizi’s application is misconceived because the appointment of the above individuals doesnt in any way violate any provisions of the East African Community Treaty.
The duo, he says, qualify for the positions because they were properly interviewed by the Judicial Service Commison and later approved by Parliament.
He added that the process of appointment of the two judicial officers was cost effective and saved Government a lot of funds which will be used in other duties.
“The Judicial Service Commission (JSC) received no complaint from any person that the appointment of Hon Justice Aliphonse Owinny Dollo as the Chief  Justice and Richard Buteera as his deputy denied him or her an opportunity to compete for appointment if the vacancy was announced.”
In his application before the East African court Mabirizi contends it was unconstitutional to appoint the above persons in office with out first declaring the positions vacant to give qualified persons chance to submit their applications.
He further claims Parliament of Uganda failed to address his  petition/caveat against the approval of the two persons and indeed neither reverted back to the applicant nor invited him for interaction.
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