November 23, 2023.
KAMPALA, Uganda | In a move to enhance the efficiency of the Ugandan judiciary, the government has introduced the Judicature (Amendment) Bill, 2023. The proposed legislation seeks to bolster the capacity of both the Supreme Court and the Court of Appeal by increasing the number of judges.
The Supreme Court, as the highest court of judicature in Uganda, plays a vital role in upholding the rule of law, while the Court of Appeal, which also functions as the Constitutional Court, handles appeals from the High Court.
Minister of Justice and Constitutional Affairs, Norbert Mao, tabled the Bill during a parliamentary session chaired by Speaker Anita Among on Wednesday, November 22, 2023. The Bill, comprising only two clauses, was swiftly referred to the Legal and Parliamentary Affairs Committee for scrutiny.
Speaker Among expressed her urgency, tasking the committee to diligently process the Bill and return it for the second reading scheduled for the following week. “The Bill has few clauses, only two clauses. I want you to work hard and bring it back on Tuesday for the second reading,” Among emphasized.
However, concerns were raised about the piecemeal approach to constitutional amendments. Speaker Among sought clarification from Minister Mao regarding the status of the Constitutional Review Commission, which ideally would handle all constitutional amendments. “We have a lot of constitutional amendment proposals, and we want to know if we are having a constitutional review commission or not,” inquired Among.
In response, Minister Mao explained that financial constraints hindered the establishment of the Constitutional Review Commission. Instead, he proposed utilizing the existing Uganda Law Reform Commission for the review process. “It is regrettable that the constitutional review commission has not been constituted. We have decided to recommend to the government the Uganda Law Reform Commission to take charge of the review process; it is a constitutional body with the ability to do the work, all we would need is to beef it up with additional members,” Mao clarified.
As the Bill progresses through the legislative process, its impact on the judicial landscape could potentially streamline legal proceedings and contribute to a more robust and responsive judiciary.
