The Uganda Law Society (ULS) has condemned the arrest and prosecution of former Minister for Ethics and Integrity Miria Matembe, describing her arrest, detention and subsequent prosecution as unconstitutional and politically motivated. In a statement signed by ULS President Isaack K. Ssemakadde, the lawyers’ body accused security agencies of abducting the 73-year-old lawyer and veteran civil society activist before presenting her in court on charges of promoting sectarianism.
Matembe was on Tuesday arraigned before the Luzira Chief Magistrates Court and charged with promoting sectarianism contrary to Section 38(1)(d) of the Penal Code Act. She denied the charge and was remanded to Luzira Prison after the court deferred her bail application to the following day. The prosecution alleges that the offence arose from statements Matembe made during a television programme.
According to the ULS, Matembe was forcibly taken from a relative’s home on Sunday by armed men who identified themselves as security officers and was held at an undisclosed location before being produced in court. The society further alleged that the operation followed public remarks on social media by the Chief of Defence Forces regarding efforts to arrest Matembe.
In its statement, the ULS argued that the criminal case is an attempt to suppress protected political expression and cited a recent Constitutional Court decision, Alternative Digitalk v Attorney General, which it said reaffirmed constitutional protections for free speech. The lawyers’ body also criticised the decision to remand Matembe despite what it described as her deteriorating health and requests for urgent medical attention.
“The pattern of enforced disappearances followed by selective prosecution poses a grave threat to constitutional democracy and the rule of law in Uganda,” the statement reads. The ULS alleged that Matembe’s arrest violated several constitutional guarantees, including the rights to liberty, dignity, freedom of expression and protection from arbitrary detention.
It further argued that the actions complained of contravened Uganda’s obligations under international human rights instruments, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. The society called on the Director of Public Prosecutions to immediately withdraw the charges against Matembe and demanded an independent investigation into the circumstances surrounding her arrest and detention.
It also urged the government to end what it termed the criminalisation of legitimate political expression and appealed to international bodies, including the United Nations, the African Union, the African Commission on Human and Peoples’ Rights, the European Union, the United States, the United Kingdom and international bar associations, to engage with Uganda over the matter.
Matembe, a former member of the Uganda Constitutional Commission and long-time governance activist, has in recent years been an outspoken critic of government policies. The government and security agencies had not publicly responded to the ULS statement by the time of filing this report. Likewise, the Office of the Director of Public Prosecutions had not commented on the society’s demand that the charges be withdrawn. The case is expected to return to court for the hearing of Matembe’s bail application-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
