In a pivotal ruling delivered by Justice Elizabeth Musoke, the Supreme Court of Uganda has firmly established that the General Court Martial (GCM) lacks the authority to try civilians. This decision is part of a series of landmark judgments aimed at redefining the military court’s role within the Ugandan legal system.
Justice Musoke concurred with earlier rulings by Justices Bamugemereire and Mugenyi, which declared sections of the Uganda People’s Defence Forces (UPDF) Act unconstitutional. She emphasized that the GCM is a military organ with strictly limited jurisdiction, stating, “The cases that may be tried here are limited to discipline, and the nature of punishment is limited to disciplinary sanctions.”
Highlighting the deficiencies within the GCM, Justice Musoke noted that it lacks essential features such as independence and impartiality, which are necessary for any court of law. “It is erroneous to expand its jurisdiction beyond its disciplinary scope,” she asserted, reinforcing that all criminal matters should be handled by competent courts of judicature.
The ruling underscores a commitment to safeguarding constitutional rights and ensuring fair trial guarantees for civilians in Uganda. As a result of this judgment, only cases involving UPDF members and disciplinary offenses will be heard by the GCM.