MABIRIZI: Prison cannot stop my activism

Kampala, Uganda | THE INDEPENDENT | Legal activist Male Mabirizi Hassan Kiwanuka has said his imprisonment is not going to cow him to stop advocating for a better-run judiciary and country at large. Speaking to Uganda Radio Network at Luzira Prison, where he was remanded following his arrest three weeks ago, Mabirizi said that although he has applied for bail, he will not be devastated even if it is not granted to him.

“I’m at peace because I know I’m doing the right thing. People lost trust in the executive, and people lost trust in parliament. The only arm of government that had retained some level of trust was the judiciary. But now the people that are being appointed there are steadily eroding this trust,” Mabirizi said. Mabirizi was arrested and later charged at Buganda Road Court following complaints by the Chief Justice Dr Flavian Zeija, that using his TikTok page, Mabirizi had spread malicious information and hate speech about him.

Following Zeija’s appointment as Chief Justice, Mabirizi allegedly said he had fraudulently procured his position in the judiciary. Mabirizi was also charged with spreading hate speech against Court of Appeal Judge Musa Ssekaana. Last week, he appeared before Buganda Road Magistrate Ritah Neumbe Kidasa to apply for bail. However, prosecution led by Richard Birivumbuka asked for time to scrutinize the sureties. He was subsequently remanded until tomorrow. Asked whether he expects to get bail when he next appears, Mabirizi said he doesn’t care what the court decides.

“Last time I served the entire sentence that was illegally imposed on me by Ssekaana. I was not broken. There is no amount of intimidation that is going to stop me from holding these people accountable. When you are a judge, you are supposed to dispense justice without fear or favour. Unfortunately, some of our judges are not doing their jobs diligently, and they don’t want anybody to point that out,” Mabirizi said.

In 2022, Mabirizi was sentenced to 18months imprisonment by Justice Ssekaana, who was then still a judge of the High court for contempt. The Court of Appeal refused to release him on appeal, arguing that in contempt cases, the only remedy is to apologise to the judge you have offended. Mabirizi refused to apologize and served out his entire sentence. Mabirizi is known for filing numerous court cases challenging all manner of government decisions.

He is, however, most known for having sued the Kabaka, claiming that as a custodian, he does not own Buganda land. The substantive case has never been determined. Mabirizi was also one of the people who in 2017, challenged the Age Limit Act in parliament. Although he ultimately lost, he was able to stop parliament from extending its tenure from five to seven years.

*****

URN