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For the past two decades, BARNABAS TUMUSINGIZE has been known as the face of S&L Advocates, one of the leading law firms in the country.
Being one of the most respected lawyers in the country with more than 36 years of experience, he shocked many when he retired from the profession on November 21 after clocking 65 years.
Witty and eloquent, Tumusingize is a man of class, far from the village boy who used to wake up in the wee hours to tend to the family plantation in Ibanda. In this candid interview with David Lumu, he pours out his heart about his humble beginnings, rise to the top of the profession, his resentment for mediocrity, as well as his advice for young lawyers and on the future of the legal profession.
From appearance, Tumusingize looks quite young and energetic. On this cold afternoon on the fourth floor of S&L Chambers on Mackinnon road, Nakasero, Tumusingize offers me a variety of things to warm me up.
Coffee, wine, whisky or even Vodka. My eventual choice is a story for another time! Here is a man who started out as an junior associate before rising to become the managing partner of the firm for the past 20 years.
And just when the firm is at its peak, he has walked away. This is a rarity in the legal profession, especially when one puts into perspective that even retired judges return to private practice after retirement. But he has an interesting background to the decision. Five years ago, he made the decision that the moment he clocks 65, he would retire.
And it was informed by several considerations.
“Number one, I realized that in 2025, my last born would be finishing her first year at university. So, she would be remaining with maybe two, three years to finish university. And I would be done with paying school fees. Number two; assuming I was in the public service, I would have retired at 60 years. That’s five years ago, actually.
One of my close friends with whom we joined senior five at King’s College Budo retired at 60 years. He is in Kyenjojo doing his farming and having a nice retirement time. So, I am not an exception.
Thirdly, my late father was a priest. He served the Church of Uganda, where I also had the privilege of serving as chancellor of the province for so many years. Priests retire at 65. So, assuming I was to go into the footsteps of my father, I would be retiring at 65. To me, there is nothing magical about retiring at 65,” he says.
Looking back, Tumusingize has been part of several milestones in Uganda’s legal framework. To him, the most significant evolution is the 1995 Constitution. Because before that, the structure of the courts had no Court of Appeal.
“With the coming into force of the 1995 Constitution and the creation of the Court of Appeal, also as a court of first jurisdiction as far as constitutional matters are concerned, it streamlined the profession.
To me, that was a very significant development. And I think related to that is the whole idea of regionalization of the High court. Today, if you go upcountry to places such as Kabale, Gulu, Lira, there is a High court. This has brought services closer to the people because when I started practicing in Mbarara in 1988, it had only a Chief Magistrate’s court and simple things such as letters of administration had to be obtained in Kampala,” he says.
Now in retirement, Tumusingize looks back with satisfaction, nostalgia and forward-thinking.
“There is a watch called Patek Philippe. Now, Patek Philippe advertises but to be able to see their advert, you either find it in The Economist, Financial Times, or maybe New York Times.
Its slogan simply reads; ‘You do not own a Patek Philippe, you keep it for the next generation.’ So that is about longevity, that is about durability. Relating that to my situation is about being able to be mentored by the founders of the law firm, the late Paul Sebalu and Godfrey Lule, who handed over the reins to me, and I have been able now to hand it over to another generation.
But also handing it to another generation, having ensured that it has grown in all aspects, whether in the number of lawyers, whether it is in the significant mandates it has handled, whether it is in income. To me, the fact that I have handed over this firm to another generation is what I consider to be my significant achievement,” he says.
“The other one is being able to grow a team that I’m very proud of. A team that I’m very confident will spur the firm even when I am gone. It has been my pleasure to see lawyers going through the ranks, developing professionally.
To see a lawyer whom you brought into the firm after completing studies at Law Development Centre (LDC), going through the ranks from a junior associate up to partner, to me, I think that is what I rate as one of my achievements. To be able to have brought a team together that I am very confident will really meet the challenges of the profession in the firm even after I am gone is impressive.”
Tumusingize, who started out by drafting hand-written pleadings, engaging typesetters before going to court, has left the profession when he is virtually working from home.
“I am glad to see the evolution of the profession. There was a time when litigation was the main attraction for lawyers. Then oil and gas came in and many rushed there. But today, we have Artificial Intelligence (AI) and now the filing process through this process called Electronic Court Case Management Information System (ECCMIS).
Before the advent of Information Technology (IT) and internet, if a matter required you to travel to any corner of the country or even abroad, you had no option but to be physically there. These days, all I need to do is just make sure I have my phone or laptop with me.
I think that has improved practice significantly, because you don’t need to be in the office to know exactly what is happening. So, even if I am in my rural village back in Mbarara, all I need is my phone, my laptop.”
THE BREAKTHROUGH
His legal profession breakthrough is the famous case of Kulubya vs Nampima. It was his first case at the Supreme court.
“I had hardly made about three or four years in practice. But also, most significantly, the lawyer on the other side was a gentleman called Jonathan Kateera. He is one of the best lawyers to have graced the legal profession.
So, in terms of anxiety, in terms of the tension, the tension was too much. The tension was too much. I did win the case and three days later, Kateera called me to his chambers. I reached there and he said; ‘young man, I liked your arguments and I think your appeal would be allowed. And indeed, the appeal was allowed,” he recalls.
“What is most significant is the collegiality. I was as a young lawyer and a very senior lawyer whom I had a lot of respect called me to his chambers to thank me for doing very well. To me, that was great.”
The second case he remembers to give him a hard time was the NSSF versus Alcon case that dragged for many years and was litigated first before a tribunal, High court, then Court of Appeal before it reached the Supreme court.
“We were able to save protect to over $20 million of workers’ money. To me, I think that was very, very significant. But also, the amount of reading that went into that case. And that’s why I made reference to my earlier point about being able to stand before five judges and making your oral presentation and being asked questions and answering them required immense effort and work,” he says.
In spite of the rapid technological advance, Tumusingize remains critical of the legal profession, especially when it comes to quality.
“Whether you accept it or not; when you have a scenario where there are many people eyeing to join the profession, chances are high you are going to lower the entry levels into the profession. I mean, that is a given.
You don’t need to be a mathematician to see that. But there’s also the whole question of, yes, there are so many law schools, but who is teaching in those law schools? Has an audit ever been carried out, say, X law school?
What about the materials? Library? There is also the issue of what is the quality of the students that are actually entering into this law school. So, whereas there are so many lawyers getting out of LDC, it is still a big problem to recruit good lawyers. By saying that, I’m not saying that law schools are not producing some exceptional young lawyers,” he says.
For young lawyers, he says it is critical to start out by being mentored. “Today, many lawyers start their own law firms straight after LDC. Of course, I can’t blame them for that, because I think they are doing that because they have nowhere to start, they can’t be employed.
But there is a danger in that; we started the practice under senior lawyers who guided us. You need to be able to draft your work, take it to a senior lawyer, let him even cross a red pen through your work, but show you that this is a mistake. You need to go with a young lawyer to court. Let him carry your books and take notes as you examine witnesses so that they can learn,” he says.
“But you know now, assume a scenario where me and you have finished LDC together; who will learn from the other? Who will correct the other’s work? So I think there is a danger in that. And at the end of the day, if the work that is being produced is perfunctory, it means that it is the client that will suffer.”
Now on a personal note, Tumusingize comes off as a reclusive person. It is also well-known in legal circles that he does not deal with mediocrity. What’s more, how he managed to steer free from professional controversy associated with many of his peers remains a mystery.
“Well, number one is that I come from a strong Christian background. My father was a Reverend Canon in the Church of Uganda. So, there is the issue of values. From a very young age, I knew that you needed to be disciplined, integrity is key.
That’s number one, background. Number two, the schools that I went through; at King’s College Bodo, I was groomed with the best credentials. But also there was the foundation that was laid by both the late Paulo Sebalu and Godfrey Lule. They didn’t want to do anything that would taint the image of the firm. So really, to me, that was the background,” he says.
LOOKING FORWARD
Now in his sunset, Tumusingize plans to go and teach at a university. Basically, to give back to the community and also to get something that keeps his mind fresh and active. He also wishes to take active time within the church and do some bit of farming, though not really for the money.
He credits his wife, Dr Miriam Nanyunja, an international disease control expert and adviser, as the pillar that pushes him to the limits.
“Being married to a medical professional meant that she understood what it takes for a fellow professional to be able to commit time and resources to his work. On a number of times, I would also arrive home at 8pm but she would not be there. She would be the office working. So, we have had a level of understanding,” he says.
Tumusingize also has a soft spot for his children. “I have always made sure that if there was a visiting day for my children at school, I would not miss unless I was out of the country. I remember one time; a close friend had a giveaway of his daughter in Mbarara but it coincided with a class day for my daughter in St Mary’s Namagunga. I chose my daughter’s class day,” he recalls.
LEGACY
Looking back, Tumusingize wants to be remembered as someone who practiced the profession of the interpreter.
“I would like to be remembered as someone who was handed a law firm to manage by a generation that was retiring. I have handed it over to another generation, better than it was given to me. I’m so grateful.
WHO IS TUMUSINGIZE
He is a member of, different community organizations. In primary school, he studied at Keihangara primary school, which is currently in Ibanda district. He proceeded to Ibanda secondary school for O-level.
His outstanding performance gained him entry to King’s College Budo for A-level before later joining Makerere University for his bachelor of laws degree.
In 1993, the British Council chose him for a scholarship to do a cumulative lawyers course for seven months at the Institute of Advanced Legal Studies at the School of Oriental and African Studies (SOAS) in London.
In 2003, he completed his master of laws, majoring in corporate and commercial law at the University of London. He has been a member of the International Bar Association since 2007.
He rose through the ranks and became the co-chair of the African Regional Forum of the International Bar Association. He also served as Chancellor of the Province of the Church of Uganda for many years, providing legal services to the Church, to the Board of Trustees as well as to the House of Bishops.
