Calls for open vetting of judicial officers

JUDICIARY

KAMPALA - Judges and civil society organizations have called for the open vetting of judicial officers so that they are appointed based on their integrity.

The call was made during a workshop organized by Anti-Corruption Coalition Uganda (ACCU) and Centre for public interest lawyers in Kampala on Monday.

Justice of the Court of Appeal Kenneth Kakuru said that although it is good to zero on affirmative action while appointing judicial officers, it isolates the crucial issue of integrity.

"I think public vetting of judicial officers is a good proposal because if we zero only on affirmative action, other key issues like integrity, which is crucial for their appointment, will be left out," he said.

According to Kakuru, judicial officers are sometimes appointed based on gender, tribe, religion and the region he or she comes from instead of looking at their integrity.

The head of Anti-Corruption Court, Justice Lawrence Gidudu welcomed the move but tasked the Judicial Service Commission to consider someone's character and attitude rather than skills during appointments.

This, Gidudu said, will help the judiciary to recruit judicial officers that cannot be influenced by other branches of government, or from private or partisan interests, and hence judicial independence will be maintained.

"If it is public vetting, it is welcome but I think attitude and skills should also be considered while bringing the right people on board."

'Damage can be painful'

According to Gidudu, someone can get skills through training, which is not the case with attitude and character.

He proposed that the Chief Justice should be made a key actor in the appointment of the judicial officers because he accounts for their work.

Court of Appeal/Constitutional Court Justice Remmy Kasule, who served in the Judicial Service Commission for eight years, observed the need to centralize the appointment of judicial officers because it has a very critical aspect in delivering Justice.

"One may be excellent academically but if the character and attitude is questionable, the damage can be painful not only to the public but to all of us," he said.

Anti-Corruption Coalition Uganda (ACCU) executive director Cissy Kagaba pointed out the need for the public to be engaged in the appointment of the judicial officers, saying that they should be held accountable before the public.

"This happens in Kenya, why not in our country?"

Meanwhile, renowned city lawyer Peter Mulira said background checks in regard to judicial officers who have been appointed should be made and integrity checked to ensure the right ones are recruited.

He suggested that written tests should be conducted by independent bodies openly instead of the appointment body, which seem not to test the intelligence of judicial candidates.

"Appointment bodies put emphasis on only academic qualifications but it is important to ensure they understand judicial inherent powers," said Mulira, adding that the public has not known how their judicial officers are appointed.

He proposed that the Judicial Service Commission should forward names of judicial officers to the executive committee for approval.

Dr Kabumba Businge from Makerere University School of law also supported the proposal for open vetting, saying judicial officers' power belongs to the people.

In contrast however, the Inspector of Courts, Taddeo Asiimwe said there was no need for open vetting of judicial officers because the process is very clear.

According to him, the Judicial Service Commission needs to involve the Uganda Law Society and other stake holders while appointing judicial officers. "Do not look for answers where they do not exist."

On his part, the head of Criminal division of the High Court Judge Stephen Musota noted that judicial officers have lost morale in work and only write judgments to earn salary due to lack of promotions.

"I have been in the system for so long and interacted with some of my colleagues who say they do not see why they should continue to hustle when they are not promoted."

Nakawa Grade One Magistrate Carol Byakutaga has asked the Judicial Service Commission to reduce the number of years in which magistrates are promoted.

She proposed that it should be reduced from eight to five years.