Let’s review age limit for judges?

The 1995 Constitution provides that justices of the Court of Appeal and Supreme Court should retire upon clocking 70 years and that a judge of the High Court should retire upon clocking 65 years. I believe the above provisions are discriminatory and do not serve the purpose, good will and intention of a freely independent, efficient just and equitable judicial system.

First, people are gifted differently, there are those you will find at 70 when they are just beginning to exercise and maximise their potential and abilities. There are also those who will have made 40 years in practice and would like at that time to go on the bench. There are those who are extremely experienced and would use their good experience and good will to provide justice to the community.
However, when we talk about age limit for judges, we are creating unnecessary panic and grooming limitations for competence building in the Judiciary. On the other hand, why create the panic in the Judiciary? Why don’t we do it like the American system where one can be a judge until God calls them or until one is affected by serious illness or decides to retire on his or her own.

After all, many really good precedents in the world have been made by judges who are in the evening of their years. Many judges like Lord Denning made adorable precedents that are to last for centuries in their golden age. Other present day recognised adorable justices like Justice Ruth Badder Ginsburg of the USA continued to make precedents even at the age of 85 and continued doing a lot of great work for the USA.

Similarly, Justice John Stephens served the Supreme Court of USA diligently up to the age of 90. Why then should we restrict our judges? Law is a noble profession like the clergy and medicine, people go through long periods of training and mentorship to become part of this noble professions and that is why they are called “learned professions.” The older people become in the profession, the better and the more experienced they get. Having elders in the Judiciary should be an opportunity to mentor young professionals who need the guidance and elders’ touch so as to become more efficient.

Nevertheless, why create panic in such a sensitive institution? Why put someone in a situation that they have to work, put their minds to retirement and in the end, even start selling judgements because they are looking up to retirement. What is most amusing is that some of our retired judges have been offered various positions in other countries after they reach the retirement age and they have left Uganda to serve in other countries something that shows us how much potential we have neglected.

Uganda as a developing country needs to put resources to maximum utilization. We do not have surplus resources to waste to other continents but rather, if we use the little we have well, then eventually we can progress. Old is golden and old age is wisdom. We should not neglect our elders. We need to work closely so that we are well trained so that we can benefit from their enviable wisdom.
In a nutshell, the young without their elders are mere dangling healthy plants with their roots in desert winds and, therefore, we need to re-consider, re-think our Considerations and where possible amend the constitution to that effect so as to ensure more effective delivery of justice.
Patrick Gukiina Musoke,
[email protected]