IGG wants Judiciary reviewed

The Inspector General of Government (IGG) Irene Mulyagonja has called for an overall assessment on the management of the judiciary, as a measure to fight case backlog.

Mulyagonja said case backlog is a manifestation of a problem in the entire judiciary.

"Judiciary has been here for a long time but have you ever done an overall assessment in its management? The whole system needs to be reviewed," Mulyagonja said.

The IGG made the comments at a meeting for validation of the case backlog report at Grand Imperial Hotel in Kampala.

She advised the Judicial Service Commission (JSC) to focus on its human resource, saying it is very important in cleaning up every institution.

"Forget about buildings, computers among others and focus on individual performance. We need to control of who comes in and who goes out," she said.

Mulyagonja noted that the biggest bottleneck is at the Chief Magistrate Court's level where magistrates are promoted to registrars which she said is expanding a problem to the High Courts.

"If the judiciary wants to become better, its human resource must be sorted out first," she said.

She suggested that issuance of interim orders should be revised as it slows cases especially at the Court of Appeal and Constitutional Courts.

"Once an interim order is granted, matters stall and others die," she explained.

In December 2015, a Court Case Census committee led Justice Henry Peter Adonyo, established that there was a backlog of 114,809 cases.

The census also revealed that 968 of the cases had been pending for more than ten years.

Justice Richard Buteera, the chairman case backlog reduction committee, said they have suggested to the Chief Justice to direct all judicial officers with pending judgments beyond 60 days by April 30th, 2017 to deliver them by May 30th, 2017.

"After May 30th, 2017 all judicial officers with pending judgments beyond 60 days should be given a defined time to concentrate only on writing the pending judgments without taking up new cases," he said.

He said that they have endorsed judicial officers to prioritize disposal of older cases within a period of two months.

"Judicial officers that have three months to retire should only take up new cases in a limited number so that the deliver pending judgments within three months after their retirement," he said.

Buteera said the Judiciary should develop an ageing case list to be updated annually and time limits within which court matters should be disposed developed.

On corrupt judicial officers, he said the Judiciary and JSC should ensure that proper and timely investigations are carried out on complaints against judicial officers and action be taken expeditiously.

The committee also resolved that each court level should develop and implement a case backlog clearance plan within 3 months.

Buteera said the case backlog reduction committee would continue to monitor and supervise the disposal of case backlog in all courts of judicature.

Chief Justice Bart Katureebe said it's time for judicial officers who do not perform to the expectations to find their way out before they are forced out.

"Really how can you sit on a judgment for three years?" he asked.

He said that case backlog is not only a Ugandan problem but should not be tolerated. 

Judges react

Justice Lawrence Gidudu said even if the number of judges is increased without setting a performance tool, case backlog would remain a problem.

"If we manage courts in a business manner where we have an eye on costs and manipulation of inputs over outputs, we shall continue singing case backlog," Gidudu said.

Justice Kenneth Kakuru said focus must be put on time management. "Our staff does not keep time. Fighting case backlog does not need complex machines but being serious with our work" he said.

Justice Remmy Kasule said case backlog exists because of the personal inefficiency of judicial officers in terms of time management. "Much of the case backlog at the Court of Appeal is mainly caused by lack of records from the lower courts," he said.

He explained that there was a person who had been sentenced to ten years in jail. However he was dissatisfied and filed an appeal but the records were availed when he had only one month to complete his sentence.

Bruce Kyerere said if judicial officers do not change their attitude towards work, we are more likely not to move very far in fighting case backlog.

He said there is need to advocate for proper independence of the judiciary including managing our resources.

Patricia Wasswa-Basaza decried employment of junior assistants whom she said have no capacity to advise them as judges.

"Research assistants are not helping us so much because they are young lawyers who have just completed studies with little experience," she said.