The Uganda Law Society has written to the Speaker of Parliament, Rt. Hon Rebecca Alitwala Kadaga asking her to stop attempts by the Public Accounts Committee on Commissions, State Authorities and State Enterprises (PAC – COSASE) to compel lawyers who transacted on matters pertaining to the departed Asians properties to appear before the committee.
PAC-COSASE on 15th November 2019 run an advert in the Daily Monitor asking lawyers who were involved in various repossession/disposal transactions of expropriated properties to appear before the committee.
“By that advert the Advocates are requested to bring documentary evidence on the action taken on all properties they could have professionally handled. However, there is no specific mention of the properties or names of the clients for which this request is made,” wrote Simon Peter M. Kinobe President – Uganda Law Society
“Be that as it may, the request puts our members in direct conflict with the laws and regulations governing professional conduct of Advocates, particularly the Evidence Act and the Advocates (Professional Conduct) Regulations,” added Kinobe.
The ULS President further argued that the attempts by parliament to force lawyers to testify against their clients were adjudicated by the Supreme Court as illegal.
“The Supreme Court of Uganda in the case of Uganda Development Bank vs Kasirye Byaruhanga (Supreme Court Civil Appeal No.35 of 1994) confirmed that Advocates cannot or be forced to divulge or disclose client information acquired in the Course of acting as an Advocate,” wrote Kinobe adding that some of the properties that parliament is inquiring into are “ongoing Court matters and therefore subject of the Subjudice Rule.”
The Subjudice rule impedes matters under judicial consideration from being discussed outside of court, for fear of compromising the judicial process.
“In light of the above legal position governing Advocates, the blanket advert request is irregular and we request that you guide the COSASE accordingly. We anticipate that this matter will be positively handled,” concluded Kinobe.