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Why access to justice remains elusive for Kalangala residents
Principal Judge and Deputy Chief Justice-designate Flavian Zeija (centre) and other judicial staff at the open court day session in Kalangala on March 11. PHOTO/ DAVID SEKAYINGA
What you need to know:
- This has led to a significant case backlog, despite recent efforts to expand judicial presence
Justice remains elusive for many islanders in Kalangala District, Uganda, due to a host of challenges such as crippling transport costs, inadequate court budgets, and a severe shortage of judicial officers.
This has led to a significant case back- log, despite recent efforts to expand judicial presence.
While the Judiciary, through the Magistrate's Courts Instrument of 2024, has created two new courts-Kyamuswa Grade 1 Magistrates Court and Bwendero Grade I Magistrates Court-to serve the 64 inhabited islands, hurdles persist.
"Witnesses travelling from the furthest islands spend Shs800,000 on hiring a private boat to and from court. This financial burden delays case proceedings as many islanders cannot afford the trip each time they are to ap- pear in court," explains Kalangala Chief Magistrate Glory Hallelujah.
The situation is further compounded by staffing shortages. "Despite elevating this court to a chief magistrate's court, the Director of Public Prosecutions (DPP) has assigned only one state attorney I am often forced to end my session early to let the DPP handle cases for the senior magistrate," Magistrate Hallelujah notes.
The court also lacks a dedicated court clerk, forcing process servers to take on additional duties.
Currently, Kalangala faces a backlog of 156 criminal and 74 civil cases, primarily involving land disputes,
theft, and gender-based violence. Police reports, while showing a decrease in overall crime, highlight the difficulty in conducting investigations that can withstand court scrutiny, citing “limited resources and the increasing sophistication of crimes.”
The transfer of capital offenders to Masaka Main Prison further exacerbates delays and increases costs.
“I go to Masaka for case reading three times a week, which increases administrative costs. Witnesses who have to appear before Masaka High Court, especially those from far islands, spend between Shs800,000 and Shs100,000 from Buggala Island to Masaka on transport and accommodation. Some fail,” Ms Hallelujah stated.
The Masaka Resident High Court Judge, Mr Lawrence Tweyanze, revealed a backlog of 4,203 cases, including those from Kalangala, with the DPP’s office alone handling 1,288 cases with limited resources.
"Masaka Director of Public Prosecution (DPP)'s office currently has 1,288 cases in Masaka region and among them 57 are from Kalangala District that are being handled by one judge in a situation where a typical court session handles only 40 cases," he said at the open court day session in Kalangala on March 11.
Principal Judge and Deputy Chief Jus- tice-designate Flavian Zeija outlined plans to address these issues, including expanding High Court circuits and increasing the number of High Court judges.
We plan to extend High Court circuits from 24 to 38 with a new circuit in Rakai. Additionally, the Judiciary plans to increase the number of High Court judges from 91 to 150 that will allow deployment of a judge to Kalangala for at least three days in a week," he stated.
Justice Zeija also mentioned the procurement of boats for judicial officers in island districts and the advancement of technology to facilitate remote hearings.
"We are also trying to advance the use of technology. You don't need to come to Masaka or Kampala for hearing. You also can use your phone to report your case and be awarded a day when your case will be in court for hearing. In Kalangala, these programmes are coming he said.
