Parliament Rejects Supreme Court Expansion, Approves Substantial Increase in Court of Appeal Judges

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Parliament recently made critical decisions on the Judicature (Amendment) Bill, 2023, rejecting a proposal to increase the number of Supreme Court justices from 11 to 21, while approving a 20-person increase in Court of Appeal justices.

The Judicature (Amendment) Bill, introduced by the government on November 22, aimed to address the pressing issue of case backlog and improve the justice delivery system, as highlighted by Speaker Anita Among during the House session.

The Committee on Legal and Parliamentary Affairs, on the other hand, argued that simply increasing the number of Supreme Court justices would not effectively address the case backlog, which was primarily rooted in lower courts. Committee Chairperson Ms. Robinah Rwakoojo stressed the need to reinforce lower court officials as a more impactful measure in resolving the backlog.

Moreover, concerns arose regarding potential escalated government spending if the number of Supreme Court justices increased. Currently earning Shs25 million along with various benefits and an 80 percent equivalent of their salary as a lifetime monthly benefit upon retirement, each Supreme Court justice’s addition would substantially augment fiscal expenditure.

In an alternative suggestion, the committee proposed the appointment of acting justices at the Supreme Court under Article 142 (2) of the Constitution. This would empower the Chief Justice to appoint acting justices in place of those on permanent status but not actively contributing.

Despite efforts by Justice and Constitutional Affairs Minister Mr. Nobert Mao to persuade the House, the proposal didn’t gain traction.

The Parliament’s decision marks the first alteration in the number of justices since 2011. Currently, the Supreme Court comprises 11 justices, including the Chief Justice, while the Court of Appeal has 15, including the Deputy Chief Justice.

Parliament approved the increase in Court of Appeal justices to 35 from the current 15, rejecting the government’s proposal to elevate it to 56. This move aims to bolster the functionality of eight regional courts of appeal and address the backlog, which comprises 5,882 cases with 9,888 pending cases.

To effectively tackle the backlog, committee legislators proposed multiple measures, including the review and expansion of magistrates’ courts’ jurisdiction to handle cases presently filed at the High Court, with the aim of alleviating the case backlog in higher courts.

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