Kampala, Uganda: Parliament Rejects Proposal to Increase Supreme Court Judges
Parliament has made the decision to reject the government’s proposal to increase the number of Supreme Court justices from 11 to 21 in the recently passed Judicature (Amendment) Bill, 2023. In addition, the amendment to increase the justices of the Court of Appeal from 15 to 56 was also rejected, with Parliament opting for 35 judges instead.
The government had put forward the proposal in order to address the backlog of cases at the two courts and improve service delivery. However, the Committee on Legal and Parliamentary Affairs, chaired by Hon. Robina Rwakoojo, found that increasing the number of judges would not necessarily solve the issue.
According to Rwakoojo, case backlog is not solely caused by a lack of Supreme Court justices, but is instead influenced by other factors such as inefficiency, poor case management, and the Supreme Court’s broad jurisdiction. She argued that simply increasing the number of judges would not effectively alleviate the problem.
The committee also expressed concerns about the financial implications of the proposed amendment. Rwakoojo pointed out that increasing the number of justices would lead to greater government expenditure, as additional resources would be required to support them in their roles. This includes facilities and staff members like bodyguards, research officers, and house helps, all of which would be funded by the taxpayer.
Instead of increasing the number of judges, the committee recommended alternative measures to address the backlog. One suggestion was for the Chief Justice to invoke article 41 of the Constitution, allowing for the temporary appointment of justices specifically to deal with the backlog. This approach was deemed more cost-effective, as acting justices would not be entitled to retirement benefits and their appointment could be revoked once the backlog was cleared.
The committee also proposed a review of the Supreme Court’s jurisdiction, suggesting that it should focus solely on matters of law. Currently, all kinds of cases can be appealed to the Supreme Court, including those that could be handled by lower courts. Limiting the Supreme Court’s jurisdiction would help streamline the workload and reduce the backlog.
In addition, the committee recommended expanding the mandate of the magistrate’s courts to help alleviate the workload of higher courts.
The rejection of the proposal to increase the number of Supreme Court justices was met with some criticism. Members of Parliament questioned why the government has been unable to appoint the prescribed number of judges in the past. The Minister of Justice and Constitutional Affairs, Nobert Mao, assured Parliament that the delayed appointments were due to issues with the Judicial Service Commission, which has now been resolved.
The decision by Parliament not to increase the number of Supreme Court justices reflects the understanding that addressing the case backlog requires a more comprehensive approach. By exploring alternative methods, such as temporary appointments and reevaluating the Supreme Court’s jurisdiction, the aim is to improve efficiency and delivery of justice without incurring unnecessary costs.
