Judicial Reform Debate: Uganda Mulls Over Expanding Court Judges Amidst Rising Case Backlog

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Uganda’s Justice, Law, and Order Sector (JLOS) was in the spotlight this week as legislators and sector agencies debated the proposed Judicature Amendment Bill of 2023. The bill, spearheaded by Justice Minister Norbert Mao, seeks to increase the number of Court of Appeal and Supreme Court judges in order to address the country’s judicial system’s mounting challenges.

The proposal, put forth in July and recently tabled for the first reading, seeks to amplify the judicial capacity by adding more judges to both the Supreme Court and the Court of Appeal, ultimately aiming to expedite the dispensation of justice.

Chief Registrar Sarah Langa Siu and Uganda Law Reform Commission (ULRC) Chairperson Dr. Pamela Tibihikirra-Kalyegira presented their perspectives before the Legal and Parliamentary Affairs Committee, chaired by West Budama North East MP Fox Odoi Oyelowo.

During the interface, Langa stressed the urgency of augmenting the judicial bench, citing an overwhelming backlog in pending cases. The current data reveals an alarming backlog across the different tiers of the judiciary, highlighting the pressing need for an expedited solution to enhance case disposition.

Supporting this view, Tibihikirra-Kalyegira emphasized that an increased number of judges would not only expedite case resolution but also improve the judge-to-population ratio, drawing parallels with judicial structures in countries like Kenya and Tanzania.

However, Bugweri County MP Abdu Katuntu questioned the validity of merely increasing the number of judges as a solution. Katuntu highlighted instances in more populous jurisdictions such as the United States, India, Ghana, South Africa, Kenya, and the United Kingdom, where relatively fewer Supreme Court judges preside over significantly larger populations, prompting a reflection on Uganda’s unique approach.

He raised concerns about the efficacy of a bloated judiciary and legislature, urging the exploration of alternative mechanisms such as mediation, alternative dispute resolution, and technological innovations to alleviate the backlog.

Counsel Tonny Tumukunde echoed similar sentiments, advocating for innovative solutions and procedural reforms as effective measures to alleviate the backlog.

As discussions continue, the nation faces the critical question of whether an expanded judicial bench is the optimal solution or if alternative strategies can address the backlog while ensuring an efficient and equitable dispensation of justice.

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