Hon. Justice Elubu, Head Criminal Division
The Deputy Chief Justice, Hon. Justice Richard Buteera, on Monday January 17, 2022 presided over a Criminal Division daily hearing consultative meeting at Mestil hotel in Kampala.
The meeting which was held with support from the International Development Law Organization, brought together stakeholders in the criminal justice system to discuss how daily hearings are going to be conducted.
The Division has a caseload of 1,839 cases and of these 554 are considered as backlog. While taking the stakeholders through the concept on daily hearings, the head of Division, Hon. Justice Michael Elubu, observed that to handle this workload would require 40 sessions.
He noted that this grim reality is what led to the "new thinking of management of cases in a different manner". This he said, aimed at ensuring that justice is not delayed, safeguarding the rights of parties under the constitution and aimed at promoting effective and efficient case disposal.
The pilot program which will be run for 24 months will consist of a monthly pre-session meeting convened by the Division Registrar, the ODPP, the Prisons Services, and the OC Naguru Remand Home to prepare cause lists which will be expected to be ready by the 25th day of every month.
Hon. Justice Elubu observed that this process will ensure only meritorious cases are cause listed. It will also enable both the office of the DPP and the Court to do the weed out of non-starter cases. All cases of different categories will be cause-listed including appeals and bail applications.
In the High Court, cases are handled on session system where 40 cases are listed. However, the holding of these sessions is dependent on the availability of funds.
The Deputy Chief Justice said that Article 28 of the Constitution emphasizes that all stakeholders have a duty to deliver justice in a fair and speedy manner. He said that this was the basis upon which the Case Backlog Reduction Committee in its report made a recommendation of having daily hearings of cases.
"We will give you all the necessary support for this intervention," he said adding that its success will depend on teamwork of all stakeholders using the 3Cs of Coordination, Cooperation and Communication.
The Chief Registrar, HW Sarah Langa Siu said that this will be a turning point in criminal case management. "I'm confident that this initiative will be a turning point in the management of criminal cases both at the Criminal Division and the entire country," she said.
Adding, "one of our specific targets in this initiative is to reduce lead times to 365 days or less. This way we would have fulfilled the vision of the Hon. Chief Justice of redefining case backlog from the current 24 months to 12 months."
These words were echoed by the Uganda Law Society Vice President, Ms Diana Angwech, who expressed gratitude for the innovation which will enable expeditious disposal of cases, curb the vice of tampering with evidence and enhance public trust.
During plenary, stakeholders raised issues such as facilitation of other stakeholders in other institutions, timely cause-listing, remuneration of advocates on state brief and having proper work plans for the daily hearings.
The meeting was closed by Supreme Court Justice, Hon. Justice Mike Chibita who reiterated the need for communication, coordination and cooperation of all stakeholders for the success of the programme.
Participants included a cross-section of Judicial Officers as well as actors in the criminal justice system such as advocates, state attorneys from the Office of the Directorate of Public Prosecution, representatives from police and prison and support staff of the Division.
Posted 17th, January 2022
