New judges: Attention must be on High Court

In March 2018, Parliament passed a resolution to increase the number of High Court judges from 49 to 82.

The prevailing number prior to the decision was found to be inadequate on the increasing case backlog. Other reasons given were the increasing number of litigants, steady increase in crime and conflict. The time has come for the authorities to look into that decision again with a view of further increasing the number of the High Court judges again.

We support the current proposal to increase their number to 151 and if more are needed a process to get them on the bench should be expedited as long as the law is followed.

We, however, have reservations on the proposal to expand the Court of Appeal and the Supreme Court.  We should not be expanding courts for the sake of it. It is our request that a case should be made for expanding, especially, the Supreme Court.

If it boils down to limited resources, then the proposal to increase the Supreme Court justices from 11 to about 21 and the  Court of Appeal from 15 to 56 judges  can be waived. Eleven  justices of the Supreme Court are already too many.

 Kenya, a much larger economy compared to Uganda, has seven Supreme Court judges and they appear to be doing fine. The backlog at the Supreme Court has to go through serious scrutiny.  We can’t pack the Supreme Court for the sake of it.  In an attempt to further expand the already bloated Supreme Court, we must also seriously think about the court’s legitimacy, especially the unresolved questions on the process of nomination and confirmation of the justices.

 The lingering questions on the transparency in the recruitment and appointment of the court judges should be considered with a view of giving Ugandans a bigger say.

 In doing so, we must be mindful of Article 126 (1) of our Constitution which states, “Judicial power is derived from the people and shall be exercised by the Courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people.”

 The request by the Chief Justice to have at least 15 judges for each of the two divisions is reasonable and achievable. It is a question of prioritising resources. Uganda is not short of qualified individuals to be named judges.

 Given that the Judiciary is the last fallback for redressing injustice, and resolving disputes in society, we must deal with the High Court where there will be serious impact. The need for more High Court judges is not something we should debate over.  It is reported that Shs7 trillion is stuck in the Commercial and Land divisions of the High Court due to lack of judges to hear cases.

Increased efficiency of the judiciary will have a ripple effect on our overcrowded and underfunded prison system.  Having more High Court judges will reduce the amount of time suspected offenders spend on remand. We believe in a fair, easy, fast, affordable process of dispensation of justice.

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