Africa-Press – Uganda. A High Court judge has called for judicial independence from colonial laws inherited from the British, saying they may not be relevant in modern times.
Justice David Batema, the resident judge of the newly established Iganga High Court, reasoned that the laws were to enable colonial governments exploit us.
“We inherited colonial laws from Britain, France, and Spain as different African countries were colonised by different European countries. The laws we inherited were enabling the colonialists to govern us. They were enabling the colonialists to exploit us, to think that white was better, black was bad. To think that only their theories were correct, ours were wrong,” Justice Batema said.
He added: “I think this needs judicial activism to question the law that we inherited whether it’s still applicable. Where do we begin from? It’s the big question. Many of us (judicial officers) are timid. For example, the way the Europeans interpreted African customary law; so question it, and gain your own independence.”
Justice Batema made the call on Tuesday during the Inaugural Regional Reproductive Justice Litigation Baraza organised by Ahaki Afya na Haki, a non-governmental organisation in Entebbe, that attracted legal minds from across Africa.
The Iganga court- based judge also said some judges are timid to promote judicial activism.
“Here in Uganda, some of my colleagues say that I’m being too much of an activist, do you have those powers to interpret the Constitution itself’? We can construe our existing law with modification,” he said.
Mr Moses Mulumba, the chief executive officer of ahaki Afya na Haki, concurred with Justice Batema.
“…And it’s about that time we also rethink of changing them and do things differently because in the UK where these things came from, they have long been changed. The technical understanding of some of these issues on sexual and reproductive health rights have changed and we have remained static,” Mr Mulumba said.
He added that there is need for targeted litigation by using courts to vindicate sexual reproductive health and rights issues.
Mr Mulumba said there is need to harmonise how African countries handle reproductive health challenges.
“The problem with sexual reproductive and health issues is that the issues are mostly contested because of their history, issues around comprehensive sexuality education, issues around access to safe and legal abortion, issues around LGBTI, among others, hence the need for litigation,” he said.
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