Judiciary wants lawyers fined for skipping Court

Justices Stephen Musota (left) Eva Luswata (centre) and Mike Chibita touring the Jinja high court premises PHOTO BY TAUSI NAKATO

JINJA.

Following an increase in case backlog in Court, some judicial officers in Busoga Sub-region want lawyers penalized for intentionally missing Court proceedings.
While presenting some of the strategies before the Case Backlog Monitoring Committee at Jinja High Court recently, the Iganga Chief Magistrate, Mr Samuel Munobe, said: “Adjournments by reason of Counsel’s inability to attend Court should be discouraged by a financial penalty to absentee advocate.”
He added: “Lawyers keep telling you that ‘I have a matter in another Court’ yet they fix these cases in their diaries.  For us to curb the vice, let them pay some money for costs of the day. If you’re told to pay costs to another party for non-attendance, it will get into your nerve and you will not do it again. I believe it is punitive enough and it is allowed under the law.’’
The Director of Public Prosecutions, Mr Mike Chibita, in his response, said government should increase on the number of Prosecutors as a way of reducing on the case backlog.
“Understaffing is still a challenge yet recently Parliament passed a resolution to increase the number of Judges from 50 to 80 and magisterial areas were also expanded from 47 to 82; but Prosecutors have not been increased,’’ he said.
Mr Chibita also wants all minor cases to be settled out of Court as a way of reducing on the backlog of cases.

“You cannot settle criminal matters out of Court but if there are some small cases like pick-pocketing, assault,  they should not be brought to Court,’’ he said.

His statement followed a complaint from the Busoga Regional State Attorney, Ms Margret Nakigudde, about minor cases that end up in Court yet there is Alternative Dispute Resolution [ADR] and mediation.

The deputy senior technical advisor Justice Law and Order Sector [JLOS], who is also the secretary case backlog monitoring committee, Mr Sam Wairagala, said most cases delay in Court because of lack of legal aid in the country, further disclosing that most Judicial Officers don’t have plans of disposing off cases.

However, the Jinja High Court Judge, Justice Eva Luswata  said it is true some of them (Judicial Officers) lack a personal relationship with the cases because they have been relying more on registrars.

The Jinja Grade One Magistrate, Mr Amon Mugezi, disclosed that as of April 4, 2018, cases pending before the Chief Magistrate were 337, case backlog before the Chief Magistrate were 118, cases pending before Grade One Magistrate were 1,521 and case backlog before Grade
Two Magistrate were I,437 cases.