Administration of the Judiciary Act

Section Object of Act Section The object of this Act is— to operationalise Chapter Eight of the Constitution relating to the Judiciary; to facilitate the improvement of the efficiency and effectiveness of the courts of judicature; to establish the Judiciary Council to advise the Chief Justice on the administration of the Judiciary and justice; to strengthen the independence of courts in accordance with the Constitution ; to streamline the administration of courts; to facilitate a judicial process that is committed to the expeditious determination of disputes; to establish a Judicial Training Institute ; and to provide for retirement benefits of judicial officers.

Section Interpretation Section In this Act, unless the context otherwise requires— “ Commission ” means the Judicial Service Commission established by Article 146 of the Constitution ; “ Council ” means the Judiciary Council established by section 4 ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ Institute ” means the Judicial Training Institute; “ judicial officer ” means the Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of the Court of Appeal, a Judge of the High Court, the Chief Registrar, a Registrar of a Court, a Magistrate or such other person holding any office connected with court as may be prescribed by law; “ Judiciary Service ” means the Judiciary Service established by section 13 ; “ lower bench ” means a magistrates court or other court lower than the High Court; “ Minister ” means the Minister responsible for justice; “ staff of the Judiciary ” means all judicial officers, administrative and other staff appointed by the Judicial Service Commission to perform judicial, administrative and other functions of the Judiciary; “ superior courts ” means the Supreme Court, the Court of App...

Section Administration of Judiciary by Chief Justice Section The Chief Justice may, in exercise of his or her administrative and supervisory authority under Article 133 of the Constitution — assign administrative duties of a higher status to a judicial officer for a specified period of time; establish performance and evaluation systems for the Judiciary; and take any other action appropriate to the exercise of the powers conferred on the Chief Justice by Article 133 of the Constitution .

Section Establishment of Judiciary Council Section There is established within the Judiciary, a Judiciary Council consisting of— the Chief Justice; the Deputy Chief Justice; the Principal Judge; the Attorney General; the Director of Public Prosecutions; one Justice representing the superior courts ; one judicial officer representing the lower bench ; the Solicitor General; the Chief Registrar; the Secretary to the Judiciary; the Secretary to the Treasury; a representative of the justice law and order sector institutions, other than the Ministry responsible for justice; the President of the Uganda Law Society; the Chairperson of the Law Council ; two members of the public nominated by the Judicial Service Commission , male and female, of high moral character, proven integrity and competence, one of whom is a person with disabilities and none of whom is a lawyer or an advocate; and the Chief Inspector of Courts. The Chief Justice shall be the chairperson of the Council and shall preside at the meetings of the Council , and in his or her absence, the Deputy Chief Justice shall preside. The Chief Justice or the Council may invite any person or representative of any organisation or depa...

Section Functions of Council Section The Council shall be responsible for advising the Chief Justice on— policies for planning and development of the Judiciary; ethics and integrity within the Judiciary; ways and means of securing adequate financing for the Judiciary; matters relating to personnel or staff development and welfare; improvement of the administration of justice; policies for the continuous monitoring and evaluation of the Judiciary; and any other matter relating to the administration or operation of the Judiciary.

Section Establishment of committees within Judiciary Section Without limiting the general effect of subsection (1) , the Chief Justice shall establish the following committees within the Judiciary— The Chief Justice shall establish committees within the Judiciary to perform functions and duties as may be prescribed by the Chief Justice. planning, development and finance committee; human capital development, gender and equity mainstreaming committee; information, communications technology and documentation committee; audit committee; and any other committee required for the administration of the Judiciary. The Chief Justice shall, in consultation with the Council , determine the composition and procedures of the committees established under this section. The members of a committee established under subsection (1) shall hold office on terms determined by the Chief Justice, on the recommendation of the Council .

Section Functions of committees Section The committee on planning, development and finance shall be responsible for— initiation, coordination and implementation of judicial policies, strategic plans, programmes and projects including research, budgeting, allocation and utilisation of resources; and discussing the approved budgets, allocating resources, ensuring proper maintenance of movable and immovable assets and monitoring investment plans of the Judiciary. The committee on human capital, development, gender and equity mainstreaming shall, among other things, advise the Council on the terms and conditions of service, training and development of staff of the Judiciary , mainstreaming gender within the Judiciary, corporate and public relations issues and outreach programmes in the Judiciary. The committee on information, communications technology and documentation shall be responsible for library information services, internal law reporting and information technology in the Judiciary. The Chief Justice shall, on the advice of the Council , determine the functions of any other committee established under section 6(2)(e) .

Section Types of inspection Section The Inspectorate shall carry out its mandate through the following activities— ad hoc inspections; scheduled inspections; extended or comprehensive inspections; special inspections; surveys; and investigations.

Section Powers of Inspectorate Section In the exercise of its functions, the Inspectorate— shall have access to all court records or official records kept by a judicial officer ; may require any person to supply any information or answer any question relating to the conduct of a case or trial; and may compel the attendance of any person before the Inspectorate or require a person to produce any document necessary for the discharge of the functions of the Inspectorate.

Section Secretariat of Inspectorate Section The Inspectorate shall have a Registrar and such number of Deputy Registrars and administrative staff as shall be determined and designated by the Chief Justice. The Registrar shall head the secretariat of the Inspectorate.

Section Inspectorate of Courts Section There is established an Inspectorate of Courts within the Judiciary. The Inspectorate shall be headed by a Chief Inspector of Courts designated by the Chief Justice from among the Justices of the Supreme Court. The Chief Inspector of Courts shall hold office for a renewable period of three years. The Chief Inspector of Courts shall report to the Chief Justice in the discharge of his or her duties.

Section Functions of Inspectorate Section The functions of the Inspectorate are— to receive and process internal and external complaints against any staff of the Judiciary ; to investigate cases of maladministration of justice or any matter within its mandate; to examine and take custody of any judicial and administration records necessary for its investigations; to recommend remedial action as appropriate, during inspection, to correct cases of maladministration in the Judiciary; to interface with and sensitise stakeholders and the general public on the administration of justice; and to enforce the Judicial Code of Conduct and the Public Service Code of Conduct in the Judiciary. In the performance of its functions, the Inspectorate shall observe the principles of equity, natural justice and impartiality. The Chief Inspector of Courts shall produce quarterly reports in addition to other reports of his or her inspection work.

Section Judiciary Service Section There is established within the Judiciary, a service known as the Judiciary Service . The Judiciary Service shall consist of judicial officers and staff of the judiciary. All staff of the Judiciary , other than those appointed by the President, shall be appointed by the Judicial Service Commission in accordance with the approved structure of the Judiciary.

Section Standard of Service Section In the discharge of its functions, the Judiciary Service shall— be guided by the Constitution ; uphold and be bound by the Judicial Code of Conduct and any other codes applicable to the professional bodies to which the judicial officers and staff belong; and promote honesty, integrity and transparency.

Section Chief Registrar Section The Chief Registrar is responsible for— A person shall not be appointed Chief Registrar or Registrar under Article 145(2) of the Constitution , unless that person is eligible for appointment as a Judge of the High Court. performing judicial functions vested in the Chief Registrar by law; giving effect to policies and directions of the Chief Justice, Deputy Chief Justice and Principal Judge; effectively overseeing judicial operations of all the courts of judicature; monitoring and enhancing the quality of services and official procedures; communicating with the Government and the public on matters relating to the Judiciary or any other matters which Government may be concerned with; implementing the judicial activities in the Judiciary Strategic Plan; assisting the Chief Justice, Deputy Chief Justice and the Principal Judge in the facilitation and supervision of the courts; linking the Judiciary and the Judicial Service Commission on appointments, promotions and disciplinary matters relating to Registrars and Magistrates; and any other matter assigned by the Chief Justice, Deputy Chief Justice or Principal Judge. Except for the functions under subsect...

Section Registrars Section There shall be a Registrar responsible for— the registry at— the Supreme Court; the Court of Appeal; and the High Court; planning, research and development; human resource development and training; and any other matter assigned by the Chief Justice or the Chief Registrar.

Section Secretary to Judiciary Section The Secretary to the Judiciary shall be responsible for— There shall be a Secretary to the Judiciary who shall be appointed by the President under Article 174 of the Constitution . the organisation of the Judiciary; tendering advice to the Chief Justice in respect of the administrative business of the Judiciary; implementing policies of the Government of Uganda; implementing the administrative activities in the Judiciary Strategic Plan; subject to Article 164 of the Constitution , the expenditure of public funds by or in connection with the Judiciary; and any other duty assigned by the Chief Justice, Deputy Chief Justice or Principal Judge. In the performance of his or her duties, the Secretary to the Judiciary shall be answerable to Parliament.

Section Funds of Judiciary Section The funds of the Judiciary shall include— money appropriated by Parliament for the purposes of the Judiciary; grants or donations approved by the Minister responsible for finance; and all other moneys received by the Judiciary in the exercise of its functions.

Section Expenses of Judiciary Section All moneys approved by Parliament to defray the expenses incurred in the discharge of the functions of the Judiciary or in carrying out the purposes of this Act shall be a direct charge on the Consolidated Fund.

Section Judiciary Fund Section There shall be a Judiciary Fund. All the funds of the Judiciary under section 32 shall be paid into the Judiciary Fund.

Section Bank accounts Section The Judiciary shall open and maintain such bank accounts, with the approval of the Accountant General, as are necessary for the exercise of the functions of the Judiciary and shall pay into them all money received for the purposes of the Judiciary or this Act.

Section Financial year Section The financial year of the Judiciary shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.

Section Books of accounts Section The Judiciary shall keep proper books of accounts and records, and the accounts shall be audited by the Auditor General in accordance with the National Audit Act.

Section Performance Management System Section The Chief Justice shall establish a Performance Management System within the Judiciary.

Section Judicial Training Institute Section There shall be a Judicial Training Institute . The Institute shall provide specialised and continuous education to the Judiciary Service . The Institute may provide training to any other person or institution approved by the Director of the Institute . The Chief Justice shall designate a Judge to be the Director of the Institute .

Section Service in other institutions Section Where a judicial officer or a person in the Judiciary Service — The period of three years prescribed in subsection (2) does not apply to a judicial officer who is appointed to an institution outside the Judiciary— is appointed to an institution outside the Judiciary, that officer or person shall apply to the Judicial Service Commission for leave of absence without pay from the Judiciary; or is seconded to an institution outside the Judiciary, that officer or person shall apply to the Judicial Service Commission for leave of absence from the Judiciary. Subject to subsection (3) , the Judicial Service Commission may grant to an applicant under subsection (1) , the leave applied for in each case for a period not exceeding three years. A judicial officer or a person in the Judiciary who is appointed to an institution outside the Judiciary for a period exceeding three years may, in consultation with the Judicial Service Commission , retire from the Judiciary. against a national quota of personnel vacancies required to be filled by Uganda and when it is in the interest of Uganda to fill its quota of places on the staff of that body; or in acc...

Section Application Section The provisions of this Part apply to— a Chief Justice, Deputy Chief Justice, Justice of the Supreme Court, Justice of the Court of Appeal, Principal Judge, Judge of the High Court, Chief Registrar, Registrar and Magistrate who retires after the commencement of this Act; and a retired Chief Justice, Deputy Chief Justice, Justice of the Supreme Court, Justice of the Court of Appeal, Principal Judge, Judge of the High Court, Chief Registrar, Registrar and Magistrate who retired before the commencement of this Act and who, on the commencement of this Act, is receiving a pension in respect of his or her service under the Pensions Act.

Section Retirement benefits for Chief Justice and Deputy Chief Justice Section A Chief Justice and Deputy Chief Justice shall, on retirement from office, be granted the retirement benefits prescribed respectively in relation to their offices in Schedule 2 to this Act.

Section Funeral of Chief Justice, Deputy Chief Justice, Principal Judge and Justice of Supreme Court Section The funeral of a person who dies while holding the office of Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court shall be conducted in accordance with Schedule 3 to this Act.

Section Retirement benefits for Justice of Supreme Court and Justice of Court of Appeal Section A Justice of the Supreme Court and a Justice of the Court of Appeal shall, on retirement from office, be granted the retirement benefits specified in Schedule 4 to this Act.

Section Retirement benefits for Principal Judge and Judge of High Court Section A Principal Judge and a Judge of the High Court shall, on retirement, be granted the retirement benefits specified in Schedule 5 to this Act.

Section Retirement benefits for other judicial officers Section A judicial officer , other than the Chief Justice, Deputy Chief Justice, Justice of the Supreme Court, Justice of the Court of Appeal, Principal Judge or Judge of the High Court who retires from office shall receive the benefits specified in Schedule 6 to this Act.

Section Retirement on other grounds Section Notwithstanding sections 22 , 23 , 24 , 25 and 26 , a judicial officer is entitled to the retirement benefits granted under this Part— if he or she retires from the Judiciary Service — if he or she retires on medical grounds with medical evidence to the satisfaction of the Judicial Service Commission , acting on the advice of the medical board, that he or she is unable to perform the functions of his or her office arising from infirmity of body or mind, and that the infirmity is likely to be permanent; or in the case of a Chief Justice, Deputy Chief Justice, Principal Judge, Justice of the Supreme Court, Justice of the Court of Appeal, Judge of the High Court, Chief Registrar or Registrar, with the consent of the President, acting on the advice of the Judicial Service Commission ; or in the case of a Magistrate, with the written consent of the Judicial Service Commission .

Section Disqualification for retirement benefits Section A judicial officer who leaves or is removed from the Judiciary Service under any of the following circumstances, shall not be entitled to retirement benefits under this Act— where the judicial officer is removed from the Judiciary Service in accordance with the Constitution ; or where the judicial officer absconds from duty.

Section Payment of benefits to dependants Section Where a judicial officer dies while in service, the surviving spouse or spouses and dependant children of the deceased judicial officer shall be entitled to— a one-off lumpsum retirement benefit granted under paragraph 2 of Schedules 2, 4, 5 and 6 of this Act; and the monthly retirement benefit granted under paragraph 1 of Schedules 2, 4, 5 and 6 of this Act for a period of fifteen years from the date of the death of the judicial officer . Where a retired judicial officer to whom a monthly retirement benefit has been granted under paragraph 1 of Schedules 4, 5 and 6 of this Act dies during retirement, the surviving spouse or spouses and dependant children of the deceased retired judicial officer shall be entitled to the monthly retirement benefit for the unexpired period of the fifteen years. Where a judicial officer to whom a monthly retirement benefit is granted under paragraph 1 of Schedules 2, 4, 5 and 6 of this Act dies after receiving the benefit for fifteen years, the payment of the monthly retirement benefit shall cease. For the avoidance of doubt, the retirement benefits granted to the surviving spouse or spouses and depend...

Section Retirement benefits to be charged on Consolidated Fund Section The retirement benefits granted under this Part shall be charged on the Consolidated Fund. The retirement benefits payable to a judicial officer under this Part shall be exempt from tax.

Section Disapplication of Pensions Act Section The Pensions Act shall not apply to a judicial officer to whom this Part applies. For the purposes of this Part, “ judicial officer ” means the Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of the Court of Appeal, a Judge of the High Court, the Chief Registrar, a Registrar of a court and a Magistrate. A judicial officer to whom this Act applies, and who on the commencement of this Act was receiving a pension, shall, on the commencement of this Act, cease to receive the pension and shall receive the retirement benefits granted to him or her under this Part.

Section Annual report of Judiciary Section The Chief Justice shall publish an annual performance report concerning all activities of the Judiciary during the financial year. The report shall include information on the state of the Judiciary in the country. The Chief Justice shall cause to be distributed, copies of the annual performance report to the President, the Speaker, and any other stakeholder.

Section Regulations Section The Minister may, by statutory instrument, after consultation with the Chief Justice, make regulations for better carrying into effect the provisions of this Act.

Section Power to amend Schedule 1 Section The Minister may, by statutory instrument, with the approval of Cabinet amend Schedule 1 to this Act.