LDC opposes raising retirement age of judges

By Joyce Namutebi 

THE Law Development Centre (LDC) has opposed a proposal in the Constitution (Amendment) Bill, 2015 to raise the retirement age for Justices and Judges and instead proposed lowering it.

“If the age is to be altered, it should be lowered to allow the judges to retire and have younger judicial officers join the bench,” LDC said in their submission to the legal and parliamentary affairs committee on the Bill.

This, according to them, would allow regeneration and tap talent from young people other than having a situation where judicial officers on the lower bench might serve without any hope of ever joining the higher bench or joining it in their late age.

The proposals were presented by the Head, Department of Law Reporting, Research and Law Reform, Didas Bakunzi Mufasha.

In the Bill, Government proposed amendment to Article 144 of the constitution to increase the retirement age from 70 to 75 for Justices of the Supreme Court and Court of Appeal and from 65 to 70 in the case of judges of the High Court.

Other bodies have also come up and opposed the proposal. Appearing before the committee Uganda Law Society officials were of the view that the current provision should be retained as it is.

They pointed out that the proposed amendment, if approved, would impede the ranks of junior judges and magistrates’ opportunity for promotion. They further said it would be difficult for judicial officers to consider without bias long overdue legal challenges to the continuation of a limitless presidential term.

The Minister of Justice and Constitutional Affairs, Kahinda Otafiire, however, defended the proposal on the varying retirement ages for judges saying that judges of superior courts sit on panels and rarely hear or determine matters individually, whereas judges of the High Court handle each case on their own.

He also explained that the workload at the High Court is not comparable to that at the two superior courts. 

“Accordingly, the strain and requirements on their physical and mental capacities are therefore different,” he said.

LDC also opposed the creation of the salaries and renumeration board. They said that although it is very important to have control over salaries and allowances, it does not need a new body to be established. 

“This can be a committee under the Ministry of Public Service in conjunction with the Ministry of Finance,” Bakunzi said.

Present was the Head, department of Law and Continuing Legal Education, Precious Beinga Ngabirano.

LDC was of the view that the independence of the Electoral Commission is not only derived from the name, but should actually be seen to be independent in the appointment of the members, the composition and approval.

“In Uganda we have very many institutions that would need independence from any other arm of government, but it does not necessitate change of a name,” Bakunzi said.

He said the government proposal in the Bill on independents was not made in good faith. Under the Bill, a person intending to stand as an independent candidate is required to obtain signatures of at least 1,000 voters in a constituency or district.