Lawyers want Judiciary probed over graft

These resolutions were arrived at following a petition to the Uganda Law Society (ULS) Executive Council by the ULS Membership led by four past Presidents of the ULS. The petition sought to find solutions to a number of problems that have engulfed the Judiciary and legal practitioners in the administration of justice. An Extra Ordinary General Meeting was thus convened in accordance with Section 16 of the Uganda Law Society Act Cap 276, at which, after intensive deliberations over three separate meetings, by consensus, the ensuing resolutions were made.

Resolutions to urgently address the problems in the administration of justice in Uganda
Aware that the Judiciary, as an organ of the State, is enjoined by the Constitution to administer justice in the name of the people of Uganda and in conformity with the laws, values, norms and aspirations of the people of Uganda; noting that the Judiciary in the exercise of its constitutional mandate is to be independent and not subject to the control or direction of any person or authority, and that all organs and agencies of the State are required by the Constitution to accord the Courts such assistance as may be required to ensure their effectiveness;

Further noting the mandate and remit of the powers of the administration of the Courts of Judicature and the powers of the Rules Committee in the administration of justice in Uganda; concerned that the exercise of judicial powers is continually being undermined and defied and or subjected to vetting by political appointees such as Resident District Commissioners and security agencies like the Police and Internal Security Organisations or are outrightly being ignored by organs of the State;

Also concerned that the Courts of Judicature and in particular the Supreme Court and the Court of Appeal/Constitutional Court are not fully constituted leading to a stagnation of constitutional appeals at the Supreme Court, a heavy backlog of constitutional petitions and appeals at the Court of Appeal to the detriment of the administration of justice;

Recognising that there is evidence of inefficiency, incompetence and corruption in the Judiciary and unethical conduct by members of the Bar and at the same time recognising that judicial officers are poorly remunerated or facilitated in the exercise of their duties and operate in very expensive rented buildings some of which have proved to be unsuitable for the purpose;
Further recognising that there are serious concerns among members of the Bar and the public about the delivery and quality of justice arising from unethical conduct of members of the Bar and Bench, alleged cases of misconduct and corruption.

Disturbed that though the Judiciary has in the past taken steps to address some of the concerns, of the members of the Bar and of the public in regards to delay of cases, loss of files, timely delivery of and access to justice and reigning in judicial officers and members of the Bar found guilty of professional misconduct these initiatives have not adequately addressed the broader issues and concerns raised and access to justice remains elusive for many and the system seems to be riddled with deep-seated malaise;
The members of ULS, at an extra-ordinary general meeting held in Kampala on November 8, unanimously resolved to move the government of Uganda to;

1. Appoint a Commission of Inquiry as a matter of urgency to: Identity the root causes of the failures and malaise in the Judiciary and legal profession; Identify and enquire into the increasing allegations of corruption and unethical conduct by judicial officers and members of the Bar with a view of recommending appropriate reforms and actions.

2. Immediately in the current budget cycle, Implement the Presidential Directive on the enhancement of the remuneration and benefits of judicial officers both in service and in retirement; Fully constitute the courts of judicature and especially the Supreme Court and the Court of Appeal/Constitutional Court, Industrial Court and urgently appoint additional competent judges of the High Court and
Magistrates for the Magistrates Courts; and provide for appropriate accommodation for the courts of judicature, especially for the Supreme Court and the Court of Appeal and the various divisions of the High Court currently located in unsuitable commercial premises such as Twed Towers (Court of Appeal, the Land Division and the Civil Division respectively), the Anti-Corruption Court at Kololo, the Family Division at Crusader House and many others in different parts of the country.

3. Immediately issue guidelines to all government agencies to respect court decisions and cease henceforth unlawful interference with the execution of court judgments and orders especially by the Inspector General of Police, members of the Uganda Police Force, Resident District Commissioners, Internal Security Organisations and the State House Land Desk. Further impose sanctions against government agencies and personnel that undermine the independence and functions of the courts of judicature.

4. Immediately reaffirm the constitutional guarantee for the respect of the independence of the Judiciary, due process of the law and the sanctity of the courts of judicature and to honour and pay all pending awards of the courts of judicature and other lawful tribunals.

5. Adopt and fast track the enactment of the Justice Ogoola proposed draft Administration of Justice Bill, and in line with the recommendations of the Joint Uganda Law Society and Law Council (Prof. Sempebwa Committee, the amendment of the Advocates Act and the Uganda Law Society Act to streamline the legal profession.

B. The Judiciary to immediately and expeditiously
l. Commence a consultative process of reviewing and making new regulations and rules to improve efficiency of judicial procedures and prevent abuse of Court process by judicial officers and members of the Bar.

2. Take administrative and corrective action to strengthen and ensure that the structures of handling allegations of corruption and incompetence leveled against members of the Bench and the Bar are effective and ensure the protection of complainants from recrimination and victimisation.

3. Strengthen the performance assessment framework for all judicial officers and the supervision arrangements to ensure efficient and timely delivery of justice.

4. Review and implement regulations and take other measures for the regulation of court clerks, other members of staff of the Judiciary and court bailiffs to ensure respect for court processes and address cases of indiscipline or unethical conduct.

C. The Uganda Law Society to:
1. In collaboration with the Law Council, revive the internal disciplinary mechanisms of the Uganda Law Society.