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Gov’t stuck with administration of judiciary bill

FILE PHOTO: Government chief whip Ruth Nankabirwa

Kampala, Uganda | THE INDEPENDENT | Government is yet to persuade Members of Parliament on two key proposals carried in the Administration of Judiciary Bill whose report is awaiting debate by parliament.

Ruth Nankabirwa, the Government Chief Whip on Tuesday told Journalists at Parliament that the majority National Resistance Movement (NRM) party legislators are still opposed to two government proposals carried in the Bill, which has delayed the debate.

The clauses yet to be agreed upon by MPs include the retirement benefits of judicial officers and the composition of the Judiciary Advisory Committee.

Parliament has on three occasions since the beginning of this year failed to debate the report on the Bill by the Legal and Parliamentary Affairs Committee chaired by West Budama South MP, Jacob Oboth Marksons with the government side seeking more time to harmonize with legislators outside parliament.

The committee had recommended to parliament to pass the Administration of Judiciary Bill which seeks to provide for and strengthen the independence of the Judiciary. It is meant to operationalize articles in the constitution that deal with the Judiciary as an independent arm of government.

The Bill also seeks to create guidelines and reference for a legal and justice system by spelling out jurisdiction divisions, conditions for trials, sentencing and court fees.

Despite the committee’s approval of the Bill, majority legislators in parliament according to Nankabirwa are still opposed to a clause on the retirement benefits for judicial officers, which has been subject of contention for a long time.

The clause which was first approved by cabinet before the Bill was tabled before parliament proposes that retiring judicial officers leave with their full benefits in addition to wages given to their spouses and children.

However, MPs in last week’s caucus meeting failed to build consensus on the clause.

Nankabirwa says that the government will continue talking to the MPs before the Bill comes up for debate in parliament.

According to Nankabirwa, despite explanations from Justice and Constitutional Affairs Minister Kahinda Otafire about the importance of the clause, MPs maintained that it was to demoralize other public servants who are not given huge retirement packages.

She further explained that the proposed composition of the Judiciary Advisory Committee is a matter of contention among the MPs.

Government had proposed to have the Chief Justice as Chairperson of the Committee with the Deputy Chief Justice as the Vice Chairperson.

Although the Legal and Parliamentary Affairs committee recommended the two to be removed from the Advisory Committee, it recommended that the committee membership is limited to the most senior Justice of Supreme Court and Court of Appeal, Principal Judge and the Secretary of the Judiciary.

Nankabirwa says that the MPs are opposed to the committee’s composition which they say seems biased.

Earlier, Speaker of Parliament Rebecca Kadaga expressed concern over the continued delays to debate and pass the Administration of Judiciary Bill. She said that the harmonization on different clauses can be done on the floor of parliament since a report had been already presented. She warned that the Bill was to be debated at the next appearance on the order paper without fail.

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