General overview of the Uganda's Juducial Sevice Commision (JSC)
The Judicial Service Commission (JSC) is a permanent independent Commission established by the Constitution of the Republic of Uganda, 1995.
The key functions of the Commission include:
appointing and disciplining of judicial officers. receiving complaints and recommendations from members of the public.
about law and administration of Justice in Uganda.
designing and carrying out legal education programs for judicial officers.
disseminating information about law and the administration of justice to
members of the public.
advising government on improving the administration of justice.
Composition
The Commission is composed of nine members who must all be persons of high moral character and integrity. The members of the Commission are appointed by the President with the approval of Parliament. They are: the Chairperson and the Deputy Chairperson, who must be persons qualified to be appointed as Justices of the Supreme Court.
two members who are Advocates of not less than fifteen years experience nominated the Uganda Law Society.
one Supreme Court Justice appointed by the President in consultation with the Judges of the Supreme Court, the Court of Appeal and the Judges of the High Court.
two members of the public, who are not lawyers, nominated by the President.
one member nominated by the Public Service Commission.
the Attorney General who is an Ex-officio member.
All members of the Judicial Service Commission serve for four years but are eligible for re-appointment for one (1) more four-year term.
Organizational Structure of the Commission
The Chairperson is the head of the Commission and is responsible for the administration of the Commission. He or she serves on a full time basis
The Chairperson presides at all meetings of the Commission.
In his or her absence, the Deputy Chairperson presides and in case both are absent, the Supreme Court Justice presides.
The Chairperson monitors and supervises the work of the Secretary.
The Commission has a Secretariat which is headed by a Secretary.
The Secretary who is at the level of a Permanent Secretary is responsible for carrying out the policy decisions of the Commission
He or she is responsible for the day-to-day administration and management of the Commission and control of other staff of the Commission.
The Secretary is the accounting officer of the Commission.
The Commission Secretariat has three departments. These are:
Education and Public Affairs - headed by a Registrar.
Planning, Research and Inspectorate - headed by a Registrar.
Finance and Administration - headed by an Under Secretary.
Functions of the Judicial Service Commission
The functions of the Commission are laid out in the Constitution. However, the Commission also performs other functions as assigned to it under various Acts of Parliament.The specific functions of the Commission are to:
advise the President on the appointment of the Chief Justice, the Deputy
Chief Justice, the Principal Judge, Justices of the Supreme Court, Justices of the Court of Appeal, Judges of the High Court, the Chief Registrar and Registrars.
appoint other judicial officers, other than those mentioned above and to confirm appointments.
advise the Chief Justice on appointment of Chairpersons and Members of District Land Tribunals.
Under the Electricity Act, the Judicial Service Commission in consultation with the Minister responsible for Electricity appoints the Chairperson, the Vice-Chairperson and the Registrar of the Electricity Disputes Tribunal.
Under the Uganda Communications Act, the Commission recommends to the President the appointment of the Chairperson and two other members of the Uganda Communications Tribunal.
review and make recommendations on the terms and conditions of service of Judicial Officers and Land Tribunals.
Prepare and implement programmes for the education and dissemination of information to judicial officers and the public about law and the administration of justice.
Receive and process people’s recommendations and complaints concerning the Judiciary, Land Tribunals and, the administration of Justice and generally, to act as a link between the people and the Judiciary and the Land Tribunals.
Advise the government on how to improve the administration of justice.
Most of the functions prescribed by Parliament concern the appointment of persons to serve on quasi-judicial tribunals. Such tribunals include District Land Tribunals and the Electricity Disputes Tribunal.
Carry on any other functions which may be given to it by any law.
The Education and Public Affairs Department is responsible for implementing this mandate.
Importance of Civic Education
Civic education is a special type of education organized for specific target groups and audiences to create awareness of their civil rights and civic duties as citizens in a democratic society.
Civic education helps citizens to make a meaningful contribution to the administration of justice and the development of their communities and the nation.
It promotes active participation of every citizen, in the administration of justice.
It helps inculcate national values and democratic culture.
It promotes responsible citizenship where people are fully conscious of their rights and responsibilities to the nation.
It empowers people to fully enforce and pursue their rights before the courts of law and other institutions by imparting knowledge about the operations and procedures of courts and other institutions.
Advising Government on Improving the Administration of Justice
The Commission has the constitutional responsibility of advising government on how to improve the administration of justice.
The Department of Planning, Research and Inspectorate has the responsibility of carrying out research on the administration of justice. It does this by among others carrying out inspections of courts and tribunals in Uganda.
It also has the duty to gather views and information to enable the Commission make recommendations to Government.
Appointment of Judicial Officers
The term judicial officer refers to Judges, the Chief Registrar, other Registrars, persons presiding over tribunals and magistrates.
The Commission is the only organ of State mandated with the duty of appointing judicial officers.
In the appointment of judicial officers to the higher bench (Judges of the Supreme Court, Court of Appeal and High Court), the Commission makes recommendations to the President.
The President then nominates from the recommended names.
The list of nominees is then sent to Parliament for approval.
The President then appoints those approved.
For Magistrates and Registrars, the Commission advertises and interviews applicants before making the appointments.
Posting of appointed judicial officers is done by the Judiciary.
The Commission has the duty to ensure that the conduct of Judges and Magistrates remains exemplary and above reproach. This helps to ensure that justice is not only done but is seen to be done.
Judges enjoy security of tenure of office. This means that they cannot easily be removed from office. They can only be removed from office for reasons specified in the Constitution and after compliance with the laid down procedure.
This procedure involves the appointment of a tribunal by the President to investigate the allegations about the Judge in question.
It is the responsibility of the Commission to advise the President if it is necessary to set up a Tribunal to investigate a Judge.
Cabinet may also advise the President to appoint a tribunal to investigate a Judge.
The grounds for removal of a Judge from office are:
i. inability to perform the functions of the office as a result of infirmity of body or mind;
ii. misbehaviour or misconduct, and
iii. incompetence.
In case of other judicial officers like Magistrates and Registrars, disciplinary proceedings are normally initiated by the Chief Registrar who places charges against the judicial officer.
The Chief Registrar thereafter interdicts the officer and forwards the matter to the Commission.
However, the Commission can also carry out investigations on its own if it suspects that there is or was unlawful conduct by a judicial officer.
The Commission follows the rules of natural justice in conducting disciplinary proceedings.
The officer is informed of the charges laid against him or her and is allowed to make a defence.
The judicial officer has a right to be represented by an advocate.
The Commission’s proceedings are not open to the public. However, for the benefit of the public, it is the Commission’s policy that its decisions are made known to the public.
i. improper conduct: This constitutes conducting oneself in a manner prejudicial to the good image and reputation of the Judiciary.
ii. corruption and abuse of office: This may constitute practicing favouritism, nepotism or bribery whether for personal advantage or gain or personal advantage for another person.
iii. neglect of duty: This may be being late for or absent from duty without permission.
iv. mal-administration of justice: This may be deliberate neglect to ensure that justice is done.
Receiving Complaints and Suggestions from the Public
The Commission has the mandate to receive public complaints and suggestions from any person or body of persons aggrieved by improper conduct of a judicial officer.
The complaint or suggestion need not necessarily be directed at an individual or group of individuals within the Judiciary.
The complaint or suggestion may be directed at the Judiciary as an institution or at the manner of the administration of justice.
The complainant need not be personally aggrieved.
The aggrieved person’s case may be taken to the Commission by a relative, friend, lawyer, NGO or any body keen on the maintenance of the highest standards in the Judiciary.
The complaint must have been made within a period of three years from the time when the act complained of was done.
Where the complainant is able to write, the complaint should be in writing.
For those unable to write, an oral complaint may be made to the authorized person at the Commission’s offices.
The person receiving an oral complaint will write it and ask the complainant to thumb print it.
In case of complaints from outside Kampala, the Commission has a working relationship with some government offices which may receive such complaints on behalf of the Commission. These include offices of:
i. Chief Administrative Officers (CAO).
ii. Regional offices of the Uganda Human Rights Commission (UHRC).
iii. Regional offices of the Inspectorate of Government (IGG).
iv. Such other places that the Commission may prescribe from time to time.
Where suggestion or complaint boxes exist in the above places, the complainant should enclose the written complaint in a sealed envelope.
The complaint should have the name of the complainant, postal and physical address, and where possible the telephone number on which the complainant can be contacted.
i. a Justice of the Supreme Court, a Justice of the Court of Appeal or
a Judge of the High court.
ii. the Chief Registrar or a Registrar of a court.
iii. a Chief Magistrate, Magistrate Grade I or Magistrate Grade II.
iv. a Chairperson or Member of a land tribunal established under the Land Act.
v. the Chairperson or Member of the Communications Tribunal.
vi. the Chairperson or Member of the Electricity Disputes Tribunal.
vii. any other person holding any office connected with the court or tribunal as may be prescribed by law.
However, in cases of misconduct by junior personnel such as court clerks, messengers, secretaries, accounts officers, etc. employed in the Judiciary, members of the public should not report the misconduct to the Commission but promptly report such misconduct to a Magistrate, Chief Magistrate, Registrar, the Inspector of Courts, Chief Registrar or Judge or the Principal
Judge.
If no disciplinary measure is taken against the person reported, the aggrieved party may seek the intervention of the Public Service Commission.
The full names, age, address, physical location and occupation (if any) of the complainant.
If the complainant is not an individual, the organization or institution or group of persons must give their full particulars.
The complainant must be identified even if he or she wishes to remain anonymous. The Commission shall take measures to protect the identity of the complainant if need be.
The complainant must allege facts of improper conduct within his or her personal knowledge or verifiable sources of information from identifiable witnesses or documents and dates of the acts complained about must be disclosed.
The complaint must be written in plain polite language without insults directed at the person or institution complained about. Complaints should not be written in abusive language. Further, the complaint must not be malicious or based on trivial things.
Procedure of Submitting Complaints
A person or organization may make an oral complaint to the Secretary of the Commission or such other designated person, who shall reduce the complaint in writing.
The recorded complaint is read back to the complainant who signs or endorses a thumbprint as proof that it is a true and accurate statement.
The complaint should be in English or in a local language, which should be translated into English; the vernacular complaint is forwarded to the Commission together with the translated copy.
The complainant may indicate the names and addresses of possible witness.
The Commission may, before considering a complaint, require the complainant to supply further information and documents relating to the complaint as the Commission may consider necessary.
Procedure for Handling Complaints
Upon receiving a complaint, the Commission decides whether the complaint is worth hearing.
In case the complaint is worth hearing, the Commission fixes a date for the
hearing.
The Secretary to the Commission serves a hearing notice on the parties to the complaint. A copy of the complaint should be attached to the hearing
notice.
The parties to a complaint are notified in person about the complaint or hearing date. This is called service.
Where personal notification is not possible, the person is notified by a registered letter or by putting the notice in a newspaper.
The hearing of the complaint takes place in not less than 21 days from the date of service.
The hearing notice may require parties to submit any documentary evidence in their possession ten (10) days before the date of hearing.
If any of the parties to the proceedings fails to appear on the hearing day, the Commission may, upon proof of service of the hearing notice, proceed to hear and determine the complaint.
Where the complaint has been determined by the Commission in the absence of either party to the proceedings, the party or parties who failed to appear may apply to the Commission for the re-hearing of the complaint.
If the Commission is satisfied that the hearing notice was not duly served or that the party who failed to appear had a valid reason for not appearing, the Commission may hear the complaint again.
Proceedings of the Commission when handling complaints are usually not open to the public.
The decision of the Commission is always in writing. The Secretary supplies a copy of the decision to all parties to the proceedings. The Commission may upon request and on payment of a prescribed fee, send copies of its decision to any other person or organization
having an interest in the matter.
The Commission may publish its decision in a newspaper or announce it over a radio of its choice.
When a complaint may be rejected
On receipt of a complaint, an officer or person designated by the Commission may reject a complaint where it:
has nothing to do with administration of justice or operations of the courts.
does not deal with the conduct of a judicial officer or any other persons performing judicial functions.
is manifestly frivolous, vexatious, malicious, unwarranted or unfounded in law.
Where a complaint is rejected, the Commission informs the complainant in writing of the reasons why his or her complaint was rejected. In case the complaint cannot be handled by the Commission, it is forwarded to the responsible Body or Authority.
Orders that may be made by the Commission
On finding a judicial officer guilty of a disciplinary offence, the Commission may order any of the following penalties:-
i. dismissal
ii. Suspension
iii. Reduction in rank
iv. A written undertaking from the officer not to repeat the offence
v. reduction in salary
vi. Stoppage of increment
vii. Postponement of increments
viii. Reprimand
ix. Compensation
x. recovery of the costs or part of the costs of any loss or damage caused by default or negligence.
Right of Appeal for a Judicial Officer
A judicial officer, who is dissatisfied with a decision of the Commission, may appeal within 30 days after the decision has been made, to a panel of three Judges of the High Court stating the reasons for which he or she is not satisfied.
Prepare and implement programmes for the education and dissemination of information to judicial officers and the public about law and the administration of justice.
Receive and process people’s recommendations and complaints concerning the Judiciary, Land Tribunals and, the administration of Justice and generally, to act as a link between the people and the Judiciary and the Land Tribunals.
Advise the government on how to improve the administration of justice.
Most of the functions prescribed by Parliament concern the appointment of persons to serve on quasi-judicial tribunals. Such tribunals include District Land Tribunals and the Electricity Disputes Tribunal.
Carry on any other functions which may be given to it by any law.
Conducting Civic Education for the Public
The Judicial Service Commission is mandated by the Constitution of the Republic of Uganda to carry out civic education on law and administration of justice for members of the public.The Education and Public Affairs Department is responsible for implementing this mandate.
Importance of Civic Education
Civic education is a special type of education organized for specific target groups and audiences to create awareness of their civil rights and civic duties as citizens in a democratic society.
Civic education helps citizens to make a meaningful contribution to the administration of justice and the development of their communities and the nation.
It promotes active participation of every citizen, in the administration of justice.
It helps inculcate national values and democratic culture.
It promotes responsible citizenship where people are fully conscious of their rights and responsibilities to the nation.
It empowers people to fully enforce and pursue their rights before the courts of law and other institutions by imparting knowledge about the operations and procedures of courts and other institutions.
Advising Government on Improving the Administration of Justice
The Commission has the constitutional responsibility of advising government on how to improve the administration of justice.
The Department of Planning, Research and Inspectorate has the responsibility of carrying out research on the administration of justice. It does this by among others carrying out inspections of courts and tribunals in Uganda.
It also has the duty to gather views and information to enable the Commission make recommendations to Government.
Appointment of Judicial Officers
The term judicial officer refers to Judges, the Chief Registrar, other Registrars, persons presiding over tribunals and magistrates.
The Commission is the only organ of State mandated with the duty of appointing judicial officers.
In the appointment of judicial officers to the higher bench (Judges of the Supreme Court, Court of Appeal and High Court), the Commission makes recommendations to the President.
The President then nominates from the recommended names.
The list of nominees is then sent to Parliament for approval.
The President then appoints those approved.
For Magistrates and Registrars, the Commission advertises and interviews applicants before making the appointments.
Posting of appointed judicial officers is done by the Judiciary.
Security of Tenure and Disciplinary Control of Judicial Officers
The Judicial Service Commission is responsible for overseeing the maintenance of ethics among judicial officers. The Commission has the duty to ensure that the conduct of Judges and Magistrates remains exemplary and above reproach. This helps to ensure that justice is not only done but is seen to be done.
Judges enjoy security of tenure of office. This means that they cannot easily be removed from office. They can only be removed from office for reasons specified in the Constitution and after compliance with the laid down procedure.
This procedure involves the appointment of a tribunal by the President to investigate the allegations about the Judge in question.
It is the responsibility of the Commission to advise the President if it is necessary to set up a Tribunal to investigate a Judge.
Cabinet may also advise the President to appoint a tribunal to investigate a Judge.
The grounds for removal of a Judge from office are:
i. inability to perform the functions of the office as a result of infirmity of body or mind;
ii. misbehaviour or misconduct, and
iii. incompetence.
In case of other judicial officers like Magistrates and Registrars, disciplinary proceedings are normally initiated by the Chief Registrar who places charges against the judicial officer.
The Chief Registrar thereafter interdicts the officer and forwards the matter to the Commission.
However, the Commission can also carry out investigations on its own if it suspects that there is or was unlawful conduct by a judicial officer.
The Commission follows the rules of natural justice in conducting disciplinary proceedings.
The officer is informed of the charges laid against him or her and is allowed to make a defence.
The judicial officer has a right to be represented by an advocate.
The Commission’s proceedings are not open to the public. However, for the benefit of the public, it is the Commission’s policy that its decisions are made known to the public.
Disciplinary Offences
The Judicial Service Commission Regulations specify what conduct amounts to disciplinary offences, namely:i. improper conduct: This constitutes conducting oneself in a manner prejudicial to the good image and reputation of the Judiciary.
ii. corruption and abuse of office: This may constitute practicing favouritism, nepotism or bribery whether for personal advantage or gain or personal advantage for another person.
iii. neglect of duty: This may be being late for or absent from duty without permission.
iv. mal-administration of justice: This may be deliberate neglect to ensure that justice is done.
Receiving Complaints and Suggestions from the Public
The Commission has the mandate to receive public complaints and suggestions from any person or body of persons aggrieved by improper conduct of a judicial officer.
The complaint or suggestion need not necessarily be directed at an individual or group of individuals within the Judiciary.
The complaint or suggestion may be directed at the Judiciary as an institution or at the manner of the administration of justice.
The complainant need not be personally aggrieved.
The aggrieved person’s case may be taken to the Commission by a relative, friend, lawyer, NGO or any body keen on the maintenance of the highest standards in the Judiciary.
The complaint must have been made within a period of three years from the time when the act complained of was done.
Where to lodge a complaint
Complaints may be filed at the headquarters of the Judicial Service Commission or any other place designated by the Commission. Where the complainant is able to write, the complaint should be in writing.
For those unable to write, an oral complaint may be made to the authorized person at the Commission’s offices.
The person receiving an oral complaint will write it and ask the complainant to thumb print it.
In case of complaints from outside Kampala, the Commission has a working relationship with some government offices which may receive such complaints on behalf of the Commission. These include offices of:
i. Chief Administrative Officers (CAO).
ii. Regional offices of the Uganda Human Rights Commission (UHRC).
iii. Regional offices of the Inspectorate of Government (IGG).
iv. Such other places that the Commission may prescribe from time to time.
Where suggestion or complaint boxes exist in the above places, the complainant should enclose the written complaint in a sealed envelope.
The complaint should have the name of the complainant, postal and physical address, and where possible the telephone number on which the complainant can be contacted.
Who may be complained against
A person may submit a complaint to the Commission against any of the following persons:-i. a Justice of the Supreme Court, a Justice of the Court of Appeal or
a Judge of the High court.
ii. the Chief Registrar or a Registrar of a court.
iii. a Chief Magistrate, Magistrate Grade I or Magistrate Grade II.
iv. a Chairperson or Member of a land tribunal established under the Land Act.
v. the Chairperson or Member of the Communications Tribunal.
vi. the Chairperson or Member of the Electricity Disputes Tribunal.
vii. any other person holding any office connected with the court or tribunal as may be prescribed by law.
However, in cases of misconduct by junior personnel such as court clerks, messengers, secretaries, accounts officers, etc. employed in the Judiciary, members of the public should not report the misconduct to the Commission but promptly report such misconduct to a Magistrate, Chief Magistrate, Registrar, the Inspector of Courts, Chief Registrar or Judge or the Principal
Judge.
If no disciplinary measure is taken against the person reported, the aggrieved party may seek the intervention of the Public Service Commission.
Form and nature of complaints
Complaints to the Commission may be made orally or in writing. However, where the complaint is made orally, an officer of the Commission or an officer acting on behalf of the Commission shall reduce such a complaint into writing. Complaints may be based on any one or more of the disciplinary offences. All written complaints should disclose the facts below: The full names, age, address, physical location and occupation (if any) of the complainant.
If the complainant is not an individual, the organization or institution or group of persons must give their full particulars.
The complainant must be identified even if he or she wishes to remain anonymous. The Commission shall take measures to protect the identity of the complainant if need be.
The complainant must allege facts of improper conduct within his or her personal knowledge or verifiable sources of information from identifiable witnesses or documents and dates of the acts complained about must be disclosed.
The complaint must be written in plain polite language without insults directed at the person or institution complained about. Complaints should not be written in abusive language. Further, the complaint must not be malicious or based on trivial things.
Procedure of Submitting Complaints
A person or organization may make an oral complaint to the Secretary of the Commission or such other designated person, who shall reduce the complaint in writing.
The recorded complaint is read back to the complainant who signs or endorses a thumbprint as proof that it is a true and accurate statement.
The complaint should be in English or in a local language, which should be translated into English; the vernacular complaint is forwarded to the Commission together with the translated copy.
The complainant may indicate the names and addresses of possible witness.
The Commission may, before considering a complaint, require the complainant to supply further information and documents relating to the complaint as the Commission may consider necessary.
Procedure for Handling Complaints
Upon receiving a complaint, the Commission decides whether the complaint is worth hearing.
In case the complaint is worth hearing, the Commission fixes a date for the
hearing.
The Secretary to the Commission serves a hearing notice on the parties to the complaint. A copy of the complaint should be attached to the hearing
notice.
The parties to a complaint are notified in person about the complaint or hearing date. This is called service.
Where personal notification is not possible, the person is notified by a registered letter or by putting the notice in a newspaper.
The hearing of the complaint takes place in not less than 21 days from the date of service.
The hearing notice may require parties to submit any documentary evidence in their possession ten (10) days before the date of hearing.
If any of the parties to the proceedings fails to appear on the hearing day, the Commission may, upon proof of service of the hearing notice, proceed to hear and determine the complaint.
Where the complaint has been determined by the Commission in the absence of either party to the proceedings, the party or parties who failed to appear may apply to the Commission for the re-hearing of the complaint.
If the Commission is satisfied that the hearing notice was not duly served or that the party who failed to appear had a valid reason for not appearing, the Commission may hear the complaint again.
Proceedings of the Commission when handling complaints are usually not open to the public.
The decision of the Commission is always in writing. The Secretary supplies a copy of the decision to all parties to the proceedings. The Commission may upon request and on payment of a prescribed fee, send copies of its decision to any other person or organization
having an interest in the matter.
The Commission may publish its decision in a newspaper or announce it over a radio of its choice.
When a complaint may be rejected
On receipt of a complaint, an officer or person designated by the Commission may reject a complaint where it:
has nothing to do with administration of justice or operations of the courts.
does not deal with the conduct of a judicial officer or any other persons performing judicial functions.
is manifestly frivolous, vexatious, malicious, unwarranted or unfounded in law.
Where a complaint is rejected, the Commission informs the complainant in writing of the reasons why his or her complaint was rejected. In case the complaint cannot be handled by the Commission, it is forwarded to the responsible Body or Authority.
Orders that may be made by the Commission
On finding a judicial officer guilty of a disciplinary offence, the Commission may order any of the following penalties:-
i. dismissal
ii. Suspension
iii. Reduction in rank
iv. A written undertaking from the officer not to repeat the offence
v. reduction in salary
vi. Stoppage of increment
vii. Postponement of increments
viii. Reprimand
ix. Compensation
x. recovery of the costs or part of the costs of any loss or damage caused by default or negligence.
Right of Appeal for a Judicial Officer
A judicial officer, who is dissatisfied with a decision of the Commission, may appeal within 30 days after the decision has been made, to a panel of three Judges of the High Court stating the reasons for which he or she is not satisfied.
Tags : Law Guide