Judiciary highlights achievements amidst challenges in case backlog

25 November 2024, 11:32 pm

By Ronald Ssemagonja

The Permanent Secretary of the Judiciary, Mr. Bigirimana Pius, during the NRM manifesto presentation at the Office of the President in Kampala, outlined the achievements of the judiciary sector. He noted that the poor performance of Uganda’s economy is partly attributed to the pending commercial and land division court cases, which amount to over UGX 60 trillion.

This issue stems from the significant backlog of court cases yet to be resolved. Of the 51,748 backlog cases, the land division accounts for 10,000, while the commercial court takes a significant portion.

The Permanent Secretary, who also serves as the Secretary to the Judiciary, attributed these economic challenges to limited government funding for the sector.
“The current challenges we face as a sector hinge mostly on budget allocation. Although there has been some enhancement in our budget over the past financial periods, we are still receiving almost half of what we request. This financial year, we asked for UGX 800 billion, but the government allocated UGX 442 billion for the fiscal year 2024/25,” Bigirimana stated.

He further explained that delays in resolving court cases are due to limited manpower, particularly magistrates and judges.
“With the enhancement in our budget allocation, we have only been able to recruit 31% of the approved 7,929 judicial and support staff,” he said.

Bigirimana also highlighted the lack of coordination in handling criminal cases. He noted that court proceedings are often delayed because officials from the Attorney General’s office and the Directorate of Public Prosecution frequently fail to appear in court without explanation.

The Chief Registrar, Ms. Sarah Lang Sin, who also attended the briefing, pointed to pecuniary jurisdiction as a key contributor to the backlog of cases, particularly in the land division court.
“The backlog of cases, which affects investment and economic growth, partly hinges on laws requiring Grade I Magistrates and Chief Magistrates to handle land cases not exceeding UGX 20 million and UGX 50 million, respectively,” she said.

Lang suggested amending the law to address this issue, proposing that the ceilings be revised to UGX 100 million for Grade I Magistrates and UGX 200 million for Chief Magistrates. She noted that research and public opinion, especially in the Kampala metropolitan area, support this adjustment due to the higher value of land in these regions compared to other parts of the country.

Despite these challenges, the judiciary has made notable progress. Bigirimana reported that the case backlog has reduced significantly, from 32.11% to 25% as of mid-2024. The sector has also constructed permanent court buildings, such as the Twin Towers at the Kampala High Court, which house the Supreme Court and the Court of Appeal, reducing expenditures on rent.

Judicial officers’ salaries have been enhanced, with increments for judges, chief registrars, 100% for registrars, 75% for their assistants, 70% for Chief Magistrates, and 70% for Grade I Magistrates. Additionally, the judiciary now operates 105 courts in its own premises, while 56 remain in rented facilities.

Infrastructure developments include the completed High Court building in Mukono district, 12 ongoing court building projects, and three justice centers in Shema, Kole, and Kibaale. There are also ongoing constructions of four High Court buildings in Tororo, Rukungiri, Soroti, and Kampala, and three Chief Magistrates’ Courts in Alebtong, Lyantonde, and Budaka.

On combating corruption, Bigirimana introduced uniforms for non-judicial staff to prevent them from masquerading as court officials. He also implemented video conferencing for trials, allowing suspects to appear in court from prisons.

The number of court inspectors has increased from three to five, improving the investigation of disciplinary cases. To date, 157 courts have been inspected, 563 cases have been heard, and disciplinary actions have been taken against 22 judicial officers, which Bigirimana described as a positive development.