Communication 431/12 – Thomas Kwoyelo v. Uganda
constituted. In explaining why the Supreme Court lacked quorum, the Respondent
submits that it “regrets… that the lack of ‘quorum’ in the Supreme Court of
Uganda was brought by the passing on of Hon. Mr. Justice Amos Twinomujuni
JSC., in November 2013, however, the Supreme Court is now fully constituted, the
parties argued their respective cases on appeal…in June 2014 and the court is yet
to deliver its final judgment”.
248.
The Respondent thus does not deny the lack of quorum, rather it tries to explain
the reason why there was no quorum. But the explanation given by the
Respondent is conflicting. On the one hand, the Respondent claims that the issue
of quorum was caused by the passing on of one of the Justices in November 2013
and on the other hand, it contradicts it by stating that the issue of quorum was
resolved with the appointment of new judges on 20 June 2013.
249.
At the Admissibility stage, the Commission has confirmed that ‘the Court does
indeed have a quorum since 1 August 2013 but does not have the necessary
quorum to hear appeals of a constitutional character which can only be decided
with a quorum of 7 judges’.57
250.
The right to be tried within a reasonable period of time is guaranteed under
Article 7(1)(d) of the Charter. In its General Comment No. 13, the Human Rights
Committee stated that the right to be tried without undue delay is a guarantee that
‘relates not only to the time by which a trial should commence, but also the time
by which it should end and judgment be rendered; all stages must take place
‘without undue delay’. To make this right effective, a procedure must be available
in order to ensure that the trial will proceed ‘without undue delay’, both in first
Information obtained during meetings with the Principal Judge of the Supreme Court, His
Lordship, Justice Yorokamu Bamwine (28/08/2013) and the Minister of Justice and Constitutional
Affairs of Uganda, (29/08/2013),following a promotion mission undertaken by the Commission to the
Republic
of
Uganda
from
26
–
30
August
2013.
See
also
http://www.judicature.go.ug/data/smenu/7//Supreme_Court.html
57
67
62nd Ordinary Session, 25 April – 9 July 2018
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