Minister Norbert Mao said that the General Court Martial plays a crucial role in maintaining discipline within the military. However, its jurisdiction is strictly limited to active service members and does not extend beyond a soldier’s discharge. This principle underscores the military court’s function, which is solely to uphold military discipline.
DP President and Minister Norbert Mao Speaks on Dr. Kizza Besigye’s Case
Minister of Justice and Constitutional Affairs, Norbert Mao, who also serves as the President of the Democratic Party, recently reaffirmed this stance in relation to the legal status of Col. Kizza Besigye. Mao emphasized that military jurisdiction ceases once a soldier is discharged, meaning that decisions of military courts are not subject to review by any other courts. While there may be exceptions to this rule—particularly in times of war—such exceptions do not apply in the case of Besigye, who was formally discharged from the military in the year 2000.
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Given this legal standing, Mao argued that Col. Besigye should not be subjected to military court proceedings but instead be tried in the civilian Courts of Judicature. His statement reinforces the importance of ensuring that legal proceedings adhere to established principles of jurisdiction and due process.
This position raises broader questions about the role of military courts and their limits, especially concerning former service members. As Uganda continues to navigate legal and political challenges, the debate over the appropriate jurisdiction for cases involving former military personnel remains a significant issue.