By Kerry Howard Mwesigwa.
KAMPALA, December 02, 2023 | The Parliament of Uganda has received praise for its decision to reject the proposed expansion of the Supreme Court. The Minister for Justice and Constitutional Affairs last month tabled in Parliament the Judicature (Amendment) Bill, 2023, aimed at increasing the number of Supreme Court judges from 11 to 21 and Court of Appeal judges from 15 to 55.
However, Parliament opted to maintain the current number of Supreme Court justices at 11, expressing concerns about the failure to address fundamental issues affecting the administration of justice. Instead of endorsing the proposed 55 judges for the Court of Appeal, a more moderate expansion to 35 judges was agreed upon.
Isaac Semakadde, a renowned City lawyer and the head of Legal Brains Trust, a democracy and human rights organization based in Kampala, commended Parliament for its principled stance. Speaking to Jural Media, Semakadde stated,
“In this climate of fear and enforced consensus, I am inspired by how the 11th Parliament’s Sectoral Committee on Legal and Parliamentary Affairs rallied to the task of publishing sharp, courageous criticism that exposed how the proposal to expand the top court in the Judicature (Amendment) Bill 2023 would have become another nightmare and atrocity for the country.”
Parliament’s rejection was grounded in a critical examination of the rationale behind the expansion. Members questioned government’s priorities, emphasizing the need to address fundamental issues such as infrastructure, staff shortages, and resource constraints before considering an increase in the number of Supreme Court judges. This stance emphasized Parliament’s belief in the necessity of a comprehensive strategy that goes beyond numerical adjustments.
The decision by Parliament came in the wake of recent criticism from Semakadde directed at Chief Justice Alfonse Owiny-Dollo for alleged neglect of duty, particularly in ensuring the timely delivery of justice at the Supreme Court. Through one of the local news outlets, Semakadde pointed out that crucial constitutional appeals, some lingering for years, had unjustifiably stalled. He raised concerns about the Chief Justice’s failure to fill vacancies through acting appointments, severely limiting the court’s ability to hear cases.
Asked about why he felt compelled to speak out about the Supreme Court’s performance, Semakadde articulated that there was an urgent need to expose the scandals in the Supreme Court. He emphasized that his intention was to prevent leaders from overlooking Chief Justice Owiny-Dollo’s mismanagement and falling for the invitation to increase the top court’s judges without addressing underlying performance issues.
When contacted for a response on issues raised by Semakadde, His Worship Ereemye James Mawanda, the Public Relations Officer of the Judiciary, conveyed his inability to provide comments at the moment.
