The delegation from Botswana with Deputy Chief Justice, Justice Dr. Flavia Zeija(middle) as the Court of Appeal
Earlier, a four-member delegation from the Judiciary of Botswana, led by Hon. Justice Keborapele B. Moesi of the High Court of Botswana, paid a courtesy visit to Deputy Chief Justice, Justice Dr. Flavia Zeija, at the Court of Appeal in Kampala.
The delegation included Justices Godfrey N. Nthomiwa and Dr. Ookeditse Maphakwane of the High Court of Botswana, and Ms. Kebuang Tshana Tselapedi, Registrar of the Court of Appeal of Botswana.
The purpose of the visit was to benchmark Uganda's experience with the Commercial Division of the High Court, particularly focusing on its institutional structure, jurisdiction, case management (rules and processes), and the use of mediation in the resolution of commercial disputes.
Botswana's Judiciary is in the process of establishing its own Commercial Court, and this benchmarking mission is intended to inform the development of a framework that aligns with international standards and best practices.
In his remarks, Justice Dr. Zeija welcomed the team and shared Uganda's journey in establishing its Commercial Court, recalling that he was in legal practice when the Court was established and had personal experience litigating there.
He emphasized the importance of having a Practice Direction to guide the operations of a Commercial Court, including clear definitions of its jurisdiction, the types of cases it handles, and the appellate structure.
He discussed Commercial Court operations and case registration, noting that in Uganda, each court division manages its own registry and that matters are allocated to the different divisions based on case type. He pointed out that High Court Circuits handle all types of matters (family, commercial, criminal) due to accessibility issues.
Justice Dr. Zeija also gave an in-depth account of how mediation was introduced within Uganda's Commercial Court, noting that the "concept of Mediation was conceived in the Commercial Court" and later spread to other Divisions.
He acknowledged the challenges of initial resistance from advocates and untrained mediators at the time, but described how these challenges were addressed through court-accredited mediators' trainings. He also discussed the importance of establishing a Mediation registry and provided insight into the remuneration structures for mediators in the Judiciary of Uganda.
On appellate functions, the Deputy Chief Justice noted that the Commercial Court also hears appeals from specialized tribunals, such as the Procurement Tribunal, and that such functions are provided for in the Practice Direction.
He further highlighted the role of technology in the Court's operations, highlighting the adoption of the Electronic Court Case Management Information System (ECCMIS), which enables digital filing and case tracking. He also noted the use of video conferencing systems that facilitates virtual hearings, including cross-border matters, significantly reducing the need for in-person appearances.
In his remarks, Justice Moesi explained that Uganda was selected for the benchmarking visit due to its well-established and efficient Commercial Court system.
He noted that the delegation sought to understand the practical workings of Uganda's Commercial Court, including the structure of registries, flow of cases, and operational rules, to see how best they can guide Botswana in fashioning their rules.
Some of the topics discussed included during visit included the process Uganda used in formulating Practice Directions, status and implementation of Court-Annexed Mediation Rules, criteria for mediator accreditation and qualifications required, and what influenced Uganda to establish a Commercial Court, among others.
The delegation also sought clarity on Uganda’s Commercial Court's relationship with tribunals.
Present during the meeting were HW Dr. Mushabe Alex Karocho (Private Legal Secretary to the DCJ),HW Chemeri Jessica (Deputy Registrar Commercial Division), and HW Mwesigye Julius (Personal Assistant to the DCJ).
Posted 26th, May 2025
