JUDICIARY Latest Features

CJ Launches Four New Rules and Practice Directions On Civil, Criminal and Bail Practice
Hon. Justice Richard Buteera, the Deputy Chief Justice

The Chief Justice, Hon. Justice Alfonse Chigamoy Owiny- Dollo presided over the launch of the new Rules of Procedure for Courts of Judicature that include The Judicature (Court Bailiffs) Rules, S.I. No. 53/2022; The Judicature (Amicus Curiae) Rules, S.I.No. 54/2022; The Judicature (Legal Representation at the Expense of the State)Rules, S.I. No. 55/2022; and The Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, L.N. No. 08/2022.  

In his speech, the Chief Justice said it is important that there is an appreciation of how law reform plays a big part in facilitating and enabling our transformation agenda, by simplifying Court processes and enabling the people to access Judiciary services without impediment.  It is against this background that, the Chief Justice said that on November 3, 2020, he constituted the Judiciary Law Reform Committee with a mandate to propose reforms to the existing laws with a view to - facilitate expeditious disposal of cases, ensuring adequate preparation of cases before trial; reducing the delay of cases and maximizing judicial time; Re-engineering business processes for civil and criminal justice; Improving access to justice for unrepresented litigants; Simplifying the Court procedures and practices. 

The Judiciary Law Reform Committee is chaired by the Principal Judge, Hon. Justice Dr Flavian Zeija, with Hon. Justice  Mike Chibita, Hon. Justice Geoffrey Kiryabwire, Hon. Justice Fredrick Engonda-Ntende, Hon. Justice  Stephen Musota, Hon. Justice  Christopher Madrama, Hon. Justice Eudes Keitirima, Hon. Justice  Patricia Basaza,  Hon. Justice Musa Ssekaana as members. The others are; Hon. Justice Samuel Emokor, retired Justice David Wangutusi, Permanent Secretary to the Judiciary Dr. Pius Bigirimana, Chief Registrar, HW Sarah Langa Siu, Uganda Law Society President, Ms. Pheona Nabasa-Wall, Senior Counsel, Mr. Francis Gimara, Prof Andrew Khaukha and HW Patricia Amoko.    

The Principal Judge, in remarks delivered by Hon. Justice Ssekaana, said that in the discharge of its mandate, the Committee engaged various consultants as well as the stakeholders in the administration of justice, namely; the Uganda Law Society, Attorneys from the Ministry of Justice and Constitutional Affairs, the Office of the DPP, Civil Society Organizations, distinguished law scholars, distinguished Advocates, and Court Bailiffs.  

"My Lord, the Chief Justice and distinguished guests, we also held a joint retreat of the Rules Committee and Judiciary Law Reform Committee to discuss the proposals. These proposals were approved by the Rules Committee and were consequently forwarded to the Office of the First Parliamentary Council, Ministry of Justice and Constitutional Affairs, for drafting. The new Court Rules of Procedure have, therefore, gone through a robust consultation process," Justice Zeija said adding that he would wish to extend his appreciation to the International Development Law Organization for the support the organization has rendered during the development of these Rules in terms of financing the consultative meetings and printing costs of 1,000 copies of the new Rules.

Accordingly, the Chief Justice said that he was indebted to the Principal Judge and by extension the "indefatigable" team for successfully delivering this onerous output.  "I pay special tribute to all the members of the Law Reform Committee and the Rules Committee, especially the Chief Registrar, the Director First Parliamentary Counsel, and the Technical Advisor to the Judiciary who endured our ceaseless calls for editing and modifications of the draft Rules, all geared towards a better product. We thank the Attorney General, the Ministry of Justice, the Law Development Centre, and the entire team, for their great assistance in achieving this milestone," the Chief Justice said. "I look forward to the completion of the remaining assignments as well. I am in full agreement with my Lord the Principal Judge, on the need for training of stakeholders on these Rules of Procedure for proper implementation. The Chief Registrar and the Secretary to the Judiciary should work out modalities of this important training."

The Justice thanked the International Development Law Organisation (IDLO) for its invaluable assistance in the accomplishment of this onerous task.  "We thank you, the Country Director, and your team for this great achievement, and we implore you to convey our appreciation to the IDLO leadership, back home," he said. "I also thank our other development partners and the Governance, Security, and Accountability Sector (formerly JLOS) for having supported this initiative right from inception; and joining us in the fight against case backlog."

The Chief Justice said that he is optimistic that the full implementation of these rules will go along way in promoting efficiency and effectiveness in the administration of justice, and thus promote effective case management.  "I am also confident that reforms such as these will enable us to achieve our vision of redefining case backlog from 24 months to 12 months," he said.

Adding, "I call upon all stakeholders in the administration of justice chain, our Court Users, and all stakeholders to embrace these reforms and take time to study the Rules."

Posted 27th, July 2022
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