Kerry Howard Mwesigwa.
Uganda’s Parliament has given its approval to increase the number of High Court judges from 83 to 151 in an effort to address the growing backlog of cases. During the plenary sitting on July 4, 2023, chaired by Deputy Speaker Thomas Tayebwa, a motion seeking this expansion was unanimously supported.
The motion, advocated by Hon. Norbert Mao, Minister of Justice and Constitutional Affairs, emphasized the urgent need for an expanded High Court due to the rise in criminal and civil disputes. Minister Mao highlighted the increasing population and crime rates, which have created a high demand for judicial services and court usage. The High Court, with its extensive original jurisdiction and appellate powers, has been burdened with a significant backlog of cases.
Of particular concern are the commercial disputes that are clogging the courts, causing delays and negatively impacting Uganda’s business environment. Minister Mao noted that disputes involving over 83 billion Ugandan Shillings are currently pending, preventing this capital from circulating in the economy. Unblocking the court system is vital to ensure a smooth flow of funds and promote economic growth.
The motion received widespread support from Members of Parliament, including Hon. Abdallah Kiwanuka (NUP, Mukono North), who called on the government to amend the Judicature Act. Hon. Kiwanuka highlighted the need to increase the financial jurisdiction of magistrate courts, which currently handle cases valued at up to 50 million Shillings. This adjustment would alleviate the High Court’s burden of dealing with smaller claims that could be more efficiently resolved at lower levels.
Deputy Attorney General, Hon. Jackson Kafuuzi, echoed the importance of aligning the number of judges with the recently enacted Administration of the Judiciary Act. With increased funding allocated to the judiciary, it is essential to optimize resources by ensuring an adequate number of judges.
Hon. Bosco Okiror, representing Usuk County, emphasized the need for swift justice delivery and expressed concerns about prolonged pretrial detention. He urged for equal treatment of criminal cases and civil cases, highlighting the inequity of individuals spending years in custody for offenses that may result in shorter prison sentences if convicted.
According to Article 138(b) of the Constitution, Parliament has the authority to determine the appropriate number of High Court judges required to facilitate the fair administration of justice.
By expanding the High Court bench, Uganda takes a significant stride toward addressing its case backlog and enhancing access to justice for its citizens. This initiative recognizes the challenges posed by rising crime rates and escalating litigation, demonstrating a commitment to bolstering the efficiency and effectiveness of the judicial system.
