Administration of Justice (5)
President Museveni backs ADR’s use in justice dispensation
President Yoweri Museveni has supported the use of Alternative Dispute Resolution (ADR), an innovation that the Judiciary wants to roll out to quickly dispose of cases within the community.
Museveni during Thursday’s commissioning of the Supreme Court and Court of Appeal buildings at City Square in Kampala, said that the initiative will reduce a lot of anger in the population.
The system involves the use of mediation, arbitration, and negotiations conducted by personalities that all parties respect and trust to solve such disputes.
“I want to thank the Judiciary again for what they have correctly called the original justice system. I am glad that you are providing a window where even murder can be forgiven, instead of pursuing the line of an eye for an eye; I praise you for this effort, once we institutionalise, a lot of anger in the population will be avoided,” Museveni said.
New Supreme and Court of Appeal buildings commissioned
President. Yoweri Kaguta Museveni has commissioned two Appellate Court twin buildings to host the Supreme Court and the Court of Appeal which have been in rented premises since Independence. The buildings located in the middle of Kampala at Plot 2 were commissioned on Thursday.
President Museveni said he was very happy that the buildings were constructed using the government of Uganda’s money and not a loan from foreign countries. He said this proves what the National Resistance Movement told them from the beginning there is nothing they can’t do when they learn to prioritize and avoid touching so many things.
Museveni appreciated the fact that the Judiciary is a peace maker and when they adjudicate, they bring peace in place and production hence contributing greatly to the economic development.
Museveni promised to invite the Chief Justice for a discussion on their priorities too as the Judiciary and issues of limited budget constraints.
Deputy Chief Justice tasks LDC on high-quality lawyers
In a meeting with the Law Development Center (LDC) management at the Court of Appeal on Monday February 12, 2024 in Kampala, the Deputy Chief Justice, His Lordship Justice Richard Buteera emphasized the need of maintaining high-quality lawyers from LDC to ensure effective justice delivery.
The LDC is the only institution in Uganda that offers the Bar Course leading to the award of the post-graduate Diploma in Legal Practice.
The purpose of the visit was to brief him on the upcoming 51st LDC graduation ceremony scheduled for April 19, 2024.
Outgoing Chief Justice Bart Katureebe got the perfect send-off when President Yoweri Museveni assented to the Administration of Judiciary Bill, 2018 to make law.
Parliament early this month passed the bill that guarantees the independence of the Judiciary as the third arm of the State under the doctrine of separation of powers and on Friday, June 19, 2020, Museveni appended signature to it to ensure it becomes law.
About the Law
The new law provides for and strengthens the independence of the Judiciary.
The Administration of Judiciary law operationalizes provisions of the Constitution relating to the Judiciary, administration of justice, improve efficiency and effectiveness of the courts, strengthen the independence of courts, and streamline their administration.
The law also creates guidelines and references for a legal and justice system by spelling out jurisdiction divisions, conditions for trials, sentencing, and court fees.
DOWNLOAD: Administration of Judiciary Act of 2020
Published: June 19, 2020
COVID-19 and the administration of justice in Uganda
By Timothy Lumunye
In line with the standard public health guidelines, Uganda had to institute a partial lockdown of the country when it was confirmed that there was an outbreak of COVID-19 within the country. When the lockdown was instituted only “essential” services were allowed to operate, those deemed basic and yet indispensable without which the nation would collapse.
Indeed the COVID-19 pandemic means we are wading in uncharted waters. But with no vaccine in the near future and with the number of patients increasing by the day, there is no way of predicting how long the lockdown will be in force, or how long it will take for judicial work to return to “normal”. This article therefore examines existing interventions in the administration of justice, challenges and how the pandemic presents an opportunity for access to justice through LC Courts.
Current efforts by the Judiciary
The Judiciary was listed as an essential service but would only hear remands, urgent mentions, bail and other very pressing interlocutory applications. Court registries were directed to stay open but only for the purposes of filing new suits. Even then extreme social distancing was to be practiced by all participants to the court process. To mitigate this, the Chief Justice issued the “Guidelines for on-line hearings in the Judiciary of Uganda”. The Guidelines indicate that online hearings may be used for inter alia, delivering of judgments and rulings, plus the hearing of bail applications, mentions and interlocutory applications. Attendance/participation is by invitation through a Judiciary provided link. The hearing of these matters is not exclusively limited to the online option though and in some cases, advocates and parties appear in person before the judicial officer.
These efforts are building upon a foundation set by other recent Judiciary interventions. For example the installation of a Video Conferencing Facility between Buganda Road Court and Luzira Maximum Prison (Male and female Wing), Kigo Government prison and Kitalya Government prison. Initially it aimed at handling cases at mention stages especially in very sensitive cases that require a high level of security where transporting the accused persons to Court may cause security threats to the entire public or unnecessary cost.
READ MORE (Download pdf)
Editor's Note: The writer is a Magistrate Grade 1, Courts of Judicature. The opinions expressed in this commentary are his own.
Published: May 18 , 2020
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