The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The shortage of justices is affecting the performance of the Supreme Court, Justice Stella Arach Amoko has revealed. This was part of her presentation to the 23rd Annual Judges Conference at Mestil Hotel in Kampala being held under the theme, “the Administration of the Judiciary Act and Sustainable of the Judiciary.”
She noted that the shortage of Justices complicates the composition of quorums to hear different appeal cases. According to her presentation delivered behind closed doors, Justice Amoko noted that there are only nine Supreme court justices, some of whom seat on the panels of lower courts.
These include Chief Justice Alfonse Owiny Dollo, Dr. Esther Kisaakye, Ruby Opio Aweri, Faith Mwondha, Professor Lillian Tibatemwa, Percy Night Tuhaise, Mike Chibita, and Arach herself. “Presently, we have a justice on sick leave, one already retired in December last year, and another Justice is about to retire in February this year”, reads Justice Amoko’s report.
Since the Supreme court is the final Appellate Court in Uganda, it is required by law to have an odd number of not less than five Justices to hear cases with the exception of some cases where the number can be increased or reduced to one Justice in small applications.
According to the report obtained by URN, by December 31st, 2021, the Supreme Court had completed 82 cases, 683 were unheard while the backlog stands at 322 cases while 71 cases are pending judgment. Backlog refers to cases that have spent years in the court system.
“The backlog of cases was mainly caused by the COVID-19 pandemic, retirement of justices and lack of coram since some of the Justices had handled some of the matters in the lower court. Nevertheless, the Justices of the Supreme Court put in a deliberate effort to dispose of matters as possible during the course of the year under review”, the report adds.
According to Justice Amoko, the delay to dispose of cases, which has led to the backlog in the Supreme Court sometimes results from the delayed delivery of lower court records. She however indicates that they have engaged the Court of Appeal on the delayed records because 267 criminal appeals are pending for lack of records of appeals.
On Monday, while opening the conference, Chief Justice Alfonse Owiny-Dollo revealed that processes are under way to recruit three Justices of the Supreme Court to partly bridge the gap resulting in the delayed disposal of cases due to understaffing.
Key of the issues yet to be discussed in the remaining days include perceptions on the Administration of Justice in Uganda, Healthy Living, Administration of Justice in the new Judiciary, Entitlements of Justices, and entry and exit of judges among others.
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