Magistrates’ courts need facilitation
Oct 31, 2007
The Principal Judge, James Ogoola, has ordered that defilement cases pending in the High Court be transferred to the magistrates’ courts within two weeks. This follows an amendment of the Penal Code and the Magistrates Court Acts authorising chief magistrates to try cases involving victims aged 14
The Principal Judge, James Ogoola, has ordered that defilement cases pending in the High Court be transferred to the magistrates’ courts within two weeks. This follows an amendment of the Penal Code and the Magistrates Court Acts authorising chief magistrates to try cases involving victims aged 14 years and above.
Chief magistrates were also given the mandate to try civil cases involving up to sh50m from the original sh5m. This is a welcome development and will go a long way in not only decongesting the badly crowded prisons, but also dispensing quick justice. In effect, it means more than half of the cases in the High Court will be transferred to the magistrates courts.
The total case backlog as at June 20, 2007 stood at 74,066 cases. The High Court which hitherto was the only one with the authority to try capital offences like defilement could only dispose of 25% of those cases. While the move is a positive one, it poses a challenge of effectively facilitating magistrates’ courts, since they handle the bulk of cases in the country.
The low productivity in Courts of Judicature is mainly attributed to shortage of manpower, financial resources, low morale and motivation in the Judiciary. The transfer of defilement cases to magistrates cases will, therefore, not be a magic wand if these concerns are not addressed.
According to Justice David Wangutusi, the head of the Judicial Training Institute, defilement is the greatest contributor to case backlog and contributes two-thirds to the congestion in Uganda’s prisons.
The magistrates courts will only be able to perform effectively if they have the human resources they need. During the African Peer Review Mechanism Commission meeting in Kampala in August, more than 50 judicial officers complained that delay in appointing judicial officers and insufficient human resource were the leading contributors to the huge backlog of cases. The cases will continue piling if the transfer of defilement cases is not followed up with the necessary facilitation.
Chief magistrates were also given the mandate to try civil cases involving up to sh50m from the original sh5m. This is a welcome development and will go a long way in not only decongesting the badly crowded prisons, but also dispensing quick justice. In effect, it means more than half of the cases in the High Court will be transferred to the magistrates courts.
The total case backlog as at June 20, 2007 stood at 74,066 cases. The High Court which hitherto was the only one with the authority to try capital offences like defilement could only dispose of 25% of those cases. While the move is a positive one, it poses a challenge of effectively facilitating magistrates’ courts, since they handle the bulk of cases in the country.
The low productivity in Courts of Judicature is mainly attributed to shortage of manpower, financial resources, low morale and motivation in the Judiciary. The transfer of defilement cases to magistrates cases will, therefore, not be a magic wand if these concerns are not addressed.
According to Justice David Wangutusi, the head of the Judicial Training Institute, defilement is the greatest contributor to case backlog and contributes two-thirds to the congestion in Uganda’s prisons.
The magistrates courts will only be able to perform effectively if they have the human resources they need. During the African Peer Review Mechanism Commission meeting in Kampala in August, more than 50 judicial officers complained that delay in appointing judicial officers and insufficient human resource were the leading contributors to the huge backlog of cases. The cases will continue piling if the transfer of defilement cases is not followed up with the necessary facilitation.