Report holds Museveni liable for JSC poor work

KAMPALA. A new report has blamed President Museveni for the huge case backlog choking the Judicial Service Commission (JSC) with a staggering 780 complaints reported by court users against judicial officers and only 106 cases having been concluded by the end of 2014/15 financial year.
The report is titled, “Watching the Watchdog: A critical look into Judicial Service Commission’s complaints handling mechanism.”
The JSC receives an average of 10 complaints everyday but sits only twice a month given its part-time nature. Only the chairperson is a full-time employee.
Mr Museveni is also blamed for dragging his feet in respect to appointment of the commission members whenever the term of the outgoing team expires.

“The delays in appointment of the JSC by the President, lasting up to six months plays a contributory role to undermining the handling of cases and buildup of case backlog. For six months, for instance, the commission’s hands were tied as the President dragged his feet on appointment of a new team to steer the commission while the public continued to send complaints,” the report states.

This was the case in 2012 when the President appointed the Justice James Ogoola-led commission after a 14- month inexplicable and inexcusable delay. The Ogoola commission is remembered for standing its ground when Mr Museveni, in contravention of the constitutional requirement for then Chief Justice Benjamin Odoki, reappointed him, sparking a deadlock as legislator Gerald Karuhanga petitioned the Constitutional Court. The court ruled Mr Museveni out of order and thwarted Odoki’s return to the office.

In an interview, in the report, Mr Kagole Kivumbi, the secretary of the commission, reveals how the JSC received funds from the Justice, Law and Order Sector this year to facilitate the hearing of complaints but the money remained idle as the President had not appointed the new commission now led by Justice Benjamin Kabito. Mr Museveni also asked JSC to hike the sitting allowance of the commissioners from Shs140,000 to one million per sitting but, Ms Cissy Kagaba, the ACCU executive director, says: “We seem to be fattening the bull but it is not ploughing more. How does one explain the case backlog staying at unbearable levels despite improved budget allocation and allowances for the commission? Are we getting value for money? No.”

The commission’s mandate, the report notes, “In practical terms, seems to start and end with the lower judicial officers (grade 2, grade 1 and chief magistrates) to the extent that when it comes to justices of the High Court, Court of Appeal and Supreme Court, the commission has to write to the President calling for a tribunal to start proceedings against the judge.”
The last time this happened was in the case of now retired High Court judge Anup Choudry Singh when Uganda Law Society petitioned the JSC to retract his appointment over ethical issues during his previous legal practice in the UK.

The JSC asked the President to take action but the process was thwarted when the Constitutional Court ruled in Singh’s favour. Since then, the report states, “five complaints have been received against High Court judges, one against a Court of Appeal justice and none against Justices of the Supreme Court.”
While still in Luzira prison this year, Opposition icon, Dr Kizza Besigye of Forum for Democratic Change party, petitioned the JSC to probe and take action against deputy Chief Justice Steven Kavuma accusing him of bias and playing ball with the ruling NRM party whenever issues concerning him [Besigye] or the Opposition are before him. The commission is yet to publicly comment on the progress of Dr Besigye’s complaint.
The report also recommends that Uganda adopts the Kenya model and have the Chief Justice included on the JSC, the body charged with recruiting judicial officers and watching over their conduct.

It also wants the commission to have full time members picked from the Ministry of Justice and Constitutional Affairs under which it currently falls.
The report recommends the commission to be run as an independent agency like the Inspectorate of Government and Uganda Human Rights Commission.
Under Article 146 of the Uganda Constitution, the Judicial Service Commission (JSC) is constituted by a chairperson and deputy qualified to be a justice of the Supreme Court other than the Chief Justice, deputy Chief Justice and principal judge. It also comprises a nominee from the Public Service Commission, two advocates of not less than 15 years standing nominated by the Uganda Law Society, two non-lawyers from the public and a Justice of the Supreme Court.

The report jointly published by the Democratic Governance Facility (DGF) and Anti-Corruption Coalition Uganda is pushing for an amendment to this provision to lift the cap and let the Chief Justice, Principal Judge and Court Registrar sit on the JSC.
Judiciary spokesman Solomon Muyita declined to comment on the report’s recommendations on account that he had not yet read it.
The JSC of Kenya is constituted by judicial officers, including a Justice of Court of Appeal, Justice of the Supreme Court (president of the court and also Chief Justice), High Court Judge and a chief magistrate.

State of case backlog at JSC

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