The courtroom fell silent as Principal Magistrate Atim Sheilla Gloria delivered far more than a ruling on bail. What unfolded was an emphatic defence of judicial independence, constitutional freedoms and the rule of law—one that is likely to reverberate well beyond the criminal case facing veteran politician and women’s rights activist Dr. Miria Matembe.
Granting bail to the 73-year-old former Ethics and Integrity minister on account of her advanced age, deteriorating health and the constitutional presumption of innocence, the magistrate used the moment to remind Ugandans that justice must never bend to political pressure or public opinion.
“Uganda is a democracy. Democracy survives in a world of tolerance and forgiveness,” Magistrate Atim declared.
“I thus bring forth a message of reconciliation and hope and peaceful co-existence of all Ugandans. Uganda should be a free and safe society for all with emphasis on peaceful resolution of conflicts and observance of the rule of law.”
Her remarks came after days of heated public debate surrounding Matembe’s arrest and detention on charges of promoting sectarianism, a case that has sharply divided public opinion.
Rather than dwell solely on the legal arguments presented before her, the magistrate appealed for restraint and civility from all sides.
She cautioned Matembe against making any statements similar to those that led to the criminal charges while the matter remains before court.
“The applicant is therefore called upon to live peacefully and not to cause any utterances similar to those currently charged as long as the case against her is still pending in court,” she ruled.
A stern warning against attacking the courts
In one of the ruling’s strongest passages, Magistrate Atim defended the impartiality of Uganda’s courts, warning against attempts to politicise judicial officers simply because of the decisions they make.
“I would like to emphasise that courts of law are neutral arbiters and have no leaning or sides,” she said.
“It is extremely unfair for sympathisers of the accused person to, without more, bash a judicial officer, prosecution or other court users for maintaining neutrality in handling a matter, without any ill will—especially without proof.”
But her criticism did not stop there.
She also condemned calls from those seeking to keep accused persons in custody even when the law provides for their release.
“Likewise, it is also unfair for any person interested in the matter to advocate for the continued detention of a person to whom the right to bail would ordinarily be available.”
Magistrate Atim reminded the public that courts exist to safeguard constitutional rights.
She noted that judicial officers have a duty to “jealously and courageously guard and defend the rights of all the people.”
“I owe allegiance to Uganda”
Perhaps the most striking section of the ruling came when the magistrate reflected on the enormous responsibility carried by judicial officers.
Speaking in unusually personal terms, she described justice as a solemn constitutional duty rather than a popularity contest.
“I am but a simple human being entrusted with a noble and heavy mandate to do justice to all in line with Article 126 of the Constitution of the Republic of Uganda. This is no mean feat,” she said.
She stressed that judicial integrity extends beyond rejecting corruption.
“Judicial integrity does not always involve shunning bribes; along with fighting corruption is also the requirement of a judicial officer to have a strong mind that is only swayed by the law and relevant facts at hand.”
She continued: “I owe allegiance to Uganda. I can only take a decision that I can live with; with a clear conscience.”
In one of the ruling’s most personal declarations, the magistrate invoked her faith before announcing the decision.
“As a judicial officer with a Christian Catholic background, I am fortified in the decision I am about to deliver; and pray that God shall be my Judge.”
After saying she had “judiciously and meticulously weighed one factor against the other,” the magistrate concluded that Matembe should be released on bail.
Bail conditions
The court ordered Matembe to execute a non-cash bond of Shs3 million, while each of her four sureties was bonded for Shs2 million, also non-cash.
She was further required to sign an undertaking not to engage in “any acts of hostility or breach of peace” while the criminal proceedings are ongoing. The court warned that any violation could result in cancellation of her bail.
Matembe was also directed to continue appearing before court for mentions and throughout the trial as required.
The case against Matembe
Dr. Matembe is facing one count of promoting sectarianism contrary to Section 38(1)(d) of the Penal Code Act.
Prosecutors allege that during an interview on DK TV Uganda in June, she claimed that “all our taxes are being spent on the Banyankole women ministers,” remarks that investigators say were likely to promote hostility, hatred or ill will against members of the Banyankole ethnic community.
The prosecution followed several days of uncertainty after security operatives raided Matembe’s Luzira home. Her family reported her missing before she was eventually arrested from a relative’s residence and produced before court.
A lawyer, former Cabinet minister and one of the framers of Uganda’s 1995 Constitution, Matembe has in recent years emerged as one of the government’s fiercest critics.
Although her bail application has now been determined, Magistrate Gloria’s ruling may ultimately be remembered less for the decision itself than for its repeated insistence that courts must remain faithful to the Constitution, the law and the evidence—regardless of political sensitivities or public pressure.
In related reporting, you can read about the how Miria Matembe’s claims that ‘All Our Taxes are Being Spent on Banyankole Women Ministers’ landed her in trouble Here.
Also read about How tough-talking Miria Matembe met and fell in love with her husband HERE.
