New LC court bill coming
Feb 05, 2004
THE Ministry for Local Government will soon table a bill granting more powers to local council courts,
THE Ministry for Local Government will soon table a bill granting more powers to local council courts, reports John Kakande.
According to the new Local Council Courts Bill 2003, published in the latest Uganda Gazette, the courts will be overhauled and given powers to try such cases as divorce under customary marriage and child criminals.
The Bill proposes criminal jurisdiction to LC courts to try children for affray, common assault, actual bodily harm, theft, criminal trespass and malicious damage to property.
However, it bars courts from from remanding children in custody, but they may place such juvenile delinquents under guidance, supervision, advice and assistance of a designated person for up to six months.
Unlike the existing Resistance Committees (Judicial Powers) Statute 1988, where LC court and executives members don’t get any pay, the bill proposes an allowance for them.
The current legislation restricts LC courts from handling civil disputes of more than sh5,000, charges.
The bill says the courts can award a sh1m charge, provided the chief magistrate has approved.
If passed, the Bill will allow the courts to charge fees from the plaintiffs, retain powers to award costs, compensation and restitution or order for the attachment and sale of property of a debtor.
The Bill also seeks to make the town, division and sub-county council courts separate bodies from the LC executives and at the village and parish levels, the executives will be the court.
The Bill defines cases and matters of civil nature triable by the LC courts as including debts, contracts, assault or battery, conversion, damage to property and trespass.
The courts shall also have jurisdiction over civil customary law cases such as land disputes, marriage, marital status, separation, divorce or the parentage of children and inheritance.
However, they shall not handle cases relating to debts, contracts, assault and battery, trespass and damage to property where the value of the subject matter in dispute exceeds sh1m.
Ends
According to the new Local Council Courts Bill 2003, published in the latest Uganda Gazette, the courts will be overhauled and given powers to try such cases as divorce under customary marriage and child criminals.
The Bill proposes criminal jurisdiction to LC courts to try children for affray, common assault, actual bodily harm, theft, criminal trespass and malicious damage to property.
However, it bars courts from from remanding children in custody, but they may place such juvenile delinquents under guidance, supervision, advice and assistance of a designated person for up to six months.
Unlike the existing Resistance Committees (Judicial Powers) Statute 1988, where LC court and executives members don’t get any pay, the bill proposes an allowance for them.
The current legislation restricts LC courts from handling civil disputes of more than sh5,000, charges.
The bill says the courts can award a sh1m charge, provided the chief magistrate has approved.
If passed, the Bill will allow the courts to charge fees from the plaintiffs, retain powers to award costs, compensation and restitution or order for the attachment and sale of property of a debtor.
The Bill also seeks to make the town, division and sub-county council courts separate bodies from the LC executives and at the village and parish levels, the executives will be the court.
The Bill defines cases and matters of civil nature triable by the LC courts as including debts, contracts, assault or battery, conversion, damage to property and trespass.
The courts shall also have jurisdiction over civil customary law cases such as land disputes, marriage, marital status, separation, divorce or the parentage of children and inheritance.
However, they shall not handle cases relating to debts, contracts, assault and battery, trespass and damage to property where the value of the subject matter in dispute exceeds sh1m.
Ends