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Uganda’s Constitutional Judiciary: A Final Court of Appeal

Kampala, Uganda - The Uganda Constitution stands tall as the supreme law of the land, guaranteeing the rights and freedoms of all citizens. At the pinnacle of the judicial pyramid is the Supreme Court, a final court of appeal that has no original jurisdiction except for Presidential Elections petitions.

Supreme Court: The Highest Court in the Land

The Supreme Court is constituted by the Chief Justice and not less than seven justices as prescribed by Parliament. In any sitting, five justices are sufficient to constitute the court, but when hearing appeals from decisions of the Court of Appeal, a full bench of justices must be present.

  • Parliament has increased the number of justices to ten, excluding the Chief Justice.
  • The decisions of the Supreme Court form precedents followed by all lower courts.

Court of Appeal: The Second Highest Court

The Court of Appeal is a creation of the 1995 Constitution and is positioned between the Supreme Court and the High Court. As its name suggests, it has appellate jurisdiction over the High Court and can hear appeals from decisions of the High Court.

  • In constitutional cases, the Court of Appeal serves as the Constitutional Court, exercising original jurisdiction.
  • The court consists of the Deputy Chief Justice and such number of Justices of Appeal not being less than seven as Parliament may prescribe.

High Court: The Third Highest Court

The High Court of Uganda is established by Article 138 of the Constitution and stands as a symbol of justice. It has unlimited original jurisdiction, meaning it can try any case of any value or crime in Uganda.

  • Appeals from all Magistrate’s Courts go to the High Court.
  • The High Court is headed by the Principal Judge and responsible for the administration of the court.
  • The High Court has general supervisory powers over Magistrate’s Courts and conducts most of its business at its headquarters.

Magistrates’ Courts: The Lowest Subordinate Courts

Magistrate’s Courts are the lowest subordinate courts, whose decisions are subject to review by the High Court. There are three levels of Magistrates courts:

  • Chief Magistrates
  • Magistrates Grade I
  • Magistrates Grade II

These courts handle the bulk of cases in Uganda, with 38 Chief Magisterial areas administered by Chief Magistrates who have supervisory powers over Magistrate’s Courts.

Challenges Facing the Judiciary

Despite its importance, the Judiciary faces several challenges:

  • The Constitution provides for the post of the Chief Registrar and a registrar, but their functions, privileges, and duties have not been clearly defined.
  • The vacuum created has led to maladministration in the Judiciary, which can be cured by putting in place an administrative law that clearly defines the administration of the Judiciary.

Way Forward

To better manage the Judiciary and ensure access to justice for all, there is a need for continuous evolution and improvement:

  • The Management Structure of the Judiciary must adapt to new mechanisms for administering justice in Uganda.
  • We look forward to getting more ideas from this workshop on how to improve the management of the Judiciary and ensure that people appreciate the role of the Judiciary in the administration of justice in Uganda.