The Administration of Justice Bill: Its Importance to the Legal Fraternityin Uganda

1. Background

Article 128 (1) of the Constitution demands that the Judiciary just like other two arms of State (Executive and Legislature) be independent.

The Article demands that in exercise of their judicial power, the courts shall not be subject to the control of any person or authority.

But the current practice is that the Judiciary’s annual budget approval has to be first subjected to the Ministry of Justice’s adjustments instead of them handling it directly.

2. The Current State of Affairs

Currently, the Judiciary depends on the consolidated fund and depends on the goodwill of the executive and the government priorities for funding.

This is the reason that even the Judicial officers are currently inadequate in numbers and sometimes ill equipped to handle their duties.

In a democratic setup, the Judiciary constitutes one of the three arms of Government alongside the Legislature and Executive. 

The judiciary plays a universally accepted key role in the era of constitutional democracy, a role that entails, safeguarding the rights of individuals through the enforcement of individual liberties enshrined in many constitutions and holding government accountable through judicial review.

One cannot talk about separation of powers without judicial powers; that is to say, the power to exclusive and ultimate jurisdiction over all cases concerning civil rights and liberties, civil and criminal matters; the power to review administrative acts and compel government to act where a legal duty exists. 

Institutional (or collective) Judicial Independence as explained by Dickson CJ of Canada in 1986, means;-

       “…the preservation of the separateness and integrity of the judicial branch and a guarantee of its freedoms from unwarranted intrusions by, or even intertwining with, the legislative and executive branches. 

When judges reverse their decisions in the wake of political or media criticism, the judiciary as an institution is presented as unacceptably supine. 

When judges are exposed to removal from office at the behest of politicians who dislike their decisions, they are highly vulnerable to the improper pressure that diminishes their real neutrality. 

When judges are submitted to unrelenting political attacks by people who would know better, there is a danger that the public will draw from the silence of the judges an implication that the criticism was justified. 

Yet silence is ordinarily imposed by judicial convention”

2. Why Support the Bill?

1. It seeks to make Judicial Independence a statutory and financial reality and this would be the backbone of the Rule of Law
2. It seeks to increase Judicial accountability through establishing a Judiciary Administration Council that has all the Justice Stakeholders on it.
3. It seeks to operationalise provisions of the constitution relating to  the judiciary, and to streamline the administration of Courts.
4. It seeks to establish structures of administration, to provide for employment and disciplinary control of employees of the Judiciary

3. Conclusion

This Bill, while it may not solve all the Judicial problems Uganda as a country has, will go a long way in strengthening the Judicial Institutions and independence. This strengthens the Judiiary's ability to check the power of both the Executive and Legislature creating the healthy balance that democracy seeks.

As the Uganda Law Society works towards its mandate to foster the Rule of Law, we shall need a robust independent Judiciary to make the proper administration of justice a reality.