During the Financial Year, the Commission was able to register many achievements pursuant to its goal of enhancing access to justice for all especially the marginalized and the poor. In implementing its mandate, the Commission received support from the other key stakeholders and as such therefore, the Commission acknowledges the support and cooperation received from: (i) The Government of the Republic of Uganda; (ii) The Parliament of the Republic of Uganda; (iii) The stakeholders in the Justice, Law and Order Sector (JLOS) and all the institutions affiliated to it; (iv) The media; (v) The Development Partners; and (vi) The general public. Special thanks go to the Members of Commission and the other staff who made invaluable contributions in terms of formulating and implementing the Commission’s policies and programmes. Finally, I hope this document will enable our esteemed readers to understand and appreciate the role of the Judicial Service Commission in ensuring that all people access high quality and affordable justice. Kivumbi, Secretary, Judicial Service Commission iii iii iii iii iii JUDICIAL SERVICE COMMISSION iv iv iv iv iv EXECUTIVESUMMARY The 2010/2011 Annual Report is a review of the planned actions, actual achievements and challenges of the Judicial Service Commission (JSC) for the Financial Year 2010/2011. This report is divided into four sections ? Introduction, Overview of past performance, Planned Activities for 2011/2012 and finally the Conclusion. The Commission recorded a 95.4% budget release against the budget from the Ministry of Finance, Planning and Economic Development (Mo FPED) and Justice, Law and Order Sector (JLOS). The shortfall was due to the unfilled posts in the establishment. Significant achievements have been realized in the key performance areas albeit a few challenges. There was recruitment of Judges and Judicial Officers, creation of awareness through civic education programmes and radio talk shows. There were also a number of investigations carried and some disciplinary cases handled to completion. The Citizens’ Handbook was translated into Luganda and Runyakitara and disseminated. Anti-corruption activities were also undertaken. The key challenge faced by the Commission in the period under review was the expiry of the term of Office of the Commissioners in November 2010. This implied that a number of key activities like recruitment and handling of disciplinary cases were halted in the third and fourth quarter of the period under review because of this challenge. JUDICIAL SERVICE COMMISSION SECTION ONE SECTION ONE SECTION ONE SECTION ONE SECTION ONE INTRODUCTION 1.0 Background The JSC is an independent Agency of the State established under section 146 of the Constitution of the Republic of Uganda. It is a specialized appointing Commission enjoying broad oversight functions in relation to services delivered to the people by the Judiciary. The functions of the Commission are set out in Articles 147 of the Constitution. 1.1 Vision Statement An effective and efficient Judiciary in Uganda, contributing to the promotion of law and order. 1.2 Mission, Mandate and Functions The Mission To establish and maintain an independent and efficient machinery for administering justice for all in Uganda through recruiting, training and disciplining Judicial Officers; and promotion of public awareness and access to justice. Mandate and Functions To advise His Excellency the President in the exercise of his powers to appoint persons to hold or act in any of the specified offices below: ? The Chief Justice, the Deputy Chief Justice and the Principal Judge, ? The Justices of the Supreme Court, Justices of the Court of Appeal and the Judges of the High Court. The Chief Registrar and Registrars In addition, subject to the provisions of the Constitution, to: ? Appoint, confirm and promote Judicial Officers into various magisterial positions. Review and make recommendations on the terms and conditions of service of Judges and Judicial Officers. Prepare and implement programmes for education and dissemination of information to Judicial Officers and the public about the law and administration of Justice in Uganda. Receive and process peoples’ complaints and recommendations concerning the Judiciary and the administration of justice and there by acting as a link between the people and the Judiciary. Advise Government on improving the administration of justice and to perform any other functions prescribed by the Constitution or Parliament. The Commission may carry out other functions that Parliament may prescribe under article 147 (1) (f). Parliament has already prescribed additional functions including those under the Land Act (revised 2004 and 2007) where the Judicial Service Commission is required to: ? Advise the Chief Justice on the appointment of Chairpersons and Members of the District Land Tribunals; ? To appoint Land Tribunal Members for each town, division and gazetted urban area and each sub-county; and ? Make recommendations to the Public Service Commission on the salaries and allowances for Members of Land Tribunals. Under the Electricity Act 1999, (Section 94 and 112) the responsible Minister is required to consult the Commission in respect of the appointment of the Chairperson, Vice Chairperson and Registrar of the Electricity Disputes Tribunal. The Uganda Communications Act 1997 bestows upon the Commission powers to recommend to the President persons for appointment as Chairperson and Members of the Uganda Communications Tribunal. The Tax Appeals Tribunal Act requires the Minister responsible for Finance to consult with the Judicial Service Commission in appointing the Chairperson of the Tax Appeals Tribunal. The Labour Disputes (Arbitration and Settlement) Act, 2006 under section 10 (2) provides for the Chief Judge and the Judge of the Industrial Court to be appointed by the President on the recommendation of the Judicial Service Commission. Independence: Article 147 empowers the JSC to act independently without any direction or control of any person or authority. The Commission continues taking decisions that are free from external influences, inducements, pressures and threats. Impartiality: The JSC serves all persons without fear, favour, ill-will, or prejudice. It refrains itself from participating in actions or proceedings that compromise the confidence of the court users and stakeholders in the justice system. Integrity: The Commission provides services that are reflective of the best practices that adhere to high moral and ethical principles of the legal profession. Thus, the behavior and conduct of the JSC staff exhibits and promotes high standards of confidentiality, judicial and personal integrity. Propriety: The JSC staff conduct themselves in manners consistent with public offices and as such freely and willingly accept appropriate personal restrictions. The JSC also serves all persons with openness and promotes sincerity while dealing with them. Equity: The Commission ensures that all persons receive equal protection before the law. The JSC therefore, accords equal treatment to all persons without discrimination based on colour, race, ethnicity, religion, age, social or economic status, political opinion, or disability. Competence and Diligence: The Commission prides itself in producing work outputs that are of high quality necessary for the proper and competent discharge of judicial duties. It strives to observe professional ethics and practices while carrying out its obligations and functions in order to offer maximum satisfaction to concerned persons. 1.4 Statement of Objectives Overall objective Ensuring that all persons in Uganda have access to improved Judicial Services through recruitment and disciplining of Judges, Registrars and Magistrates, conducting Civic Education as well as investigating and handling public complaints and suggestions in the judicial system. Filling all vacant positions declared by the Judiciary with competent, ethically proven, disciplined officers; ? Interfacing with Judicial Officers to promote good governance; ? Establishing a coordinated public awareness programme to sensitize the public about the administration of justice and their fundamental human rights; ? Establishing an accessible public complaints mechanism through which the public can easily and cheaply channel their concerns and recommendations about the administration of justice; ? Researching into the delivery of services within the judiciary with the aim of improving the administration of justice. Ensuring that the terms and conditions of service for the Judicial Officers are commensurate with their status and are fair enough to attract and retain high caliber Judicial Officers. Professionalizing the Lower Bench by upgrading all the positions of Magistrate Grade II to Magistrate Grade I. Ensuring that justice is impartial, within people’s means, and easy to access for all persons ? Achieving a high level of motivation by advocating for better working conditions and career development for Judicial Officers. 1.5 Composition and Structure of the Commission The Membership of the Commission is spelt out under Article 146 of the Constitution. It provides for a nine-member Commission. The Chairperson, Deputy Chairperson, and the members are appointed by the President with the approval of Parliament. The Commission is constituted as follows: ? A full time Chairperson who is a person qualified to be appointed as a Justice of the Supreme Court; ? A Deputy Chairperson (part time) who is a person qualified to be appointed as a Justice of the Supreme Court; ? Six members (part time) whose respective nomination is directly linked to specified stakeholder institutions, that is: one member from the Public Service Commission; two Advocates nominated by the Uganda Law Society; one representative of the Judiciary; and two members of the Public (not lawyers) nominated by the President; ? The Attorney General is an ex-officio member of the Commission ; ? The Secretary, who is not a member of the Commission, is appointed by the President on the advice of the Public Service Commission, under Article 146(8) of the Constitution. Members of the Judicial Service Commission as of 18th November 2010 were as follows: ? Hon Justice Cosmas Matongo Kato Member ? Lady Justice Esther Mayambala Kisakye Deputy Chairperson Hon. Peter Jogo Tabu Member JUDICIAL SERVICE COMMISSION 6 6 6 6 6 1.6 The Judicial Service Commission Secretariat The overall responsibility of the Secretariat is to facilitate the Commission in delivering its constitutional mandate. It is headed by a Secretary who is at the level of a Permanent Secretary. The Secretary is responsible for: – Organization and operation of the Commission; – Tendering advice to the Chairperson in respect of the business of the Commission; – Implementing the policies of Government of Uganda; – Ensuring proper expenditure of public funds by or in connection with the Commission; – Carrying out policy decisions of the Commission and the day-to-day administration and management of the affairs of the Commission and controlling all staff. – In addition, the Secretary arranges the business for and the recording and keeping of minutes of all decisions and proceedings of the Commission and its meetings. The Secretariat is divided into three Departments namely: Education and Public Affairs (EPA); Planning, Research and Inspectorate (PRI); Finance and Administration (F&A). The Department of Education and Public Affairs (EPA): EPA is headed by a Registrar and deputized by a Deputy Registrar. Other staff include two Principal Legal Officers, one Legal Clerk and support staff. Publishing Civic Education Materials on law and administration of justice i.e. books, brochures, news supplements, etc. Handling the public relations functions ? Performing any other duties assigned by the Commission. The Department of Planning, Research and Inspectorate (PRI): PRI is headed by a Registrar and is deputized by Deputy Registrars. The other staff include four Principal Legal Officers, four Legal Clerks and support staff. The department performs the following functions: ? Receiving and processing peoples’ recommendations and complaints concerning the Judiciary and the administration of justice ? Subject to the provisions of the Constitution, reviewing and making recommendations on the terms and conditions of service of Judges and other Judicial Officers including Chairpersons, Members and Registrars of Tribunals. Researching on and monitoring the administration of justice. Preparing proposals for the improvement in the administration of justice. Planning and coordinating programs of the Commission in liaison with other organizations. Performing any other duties assigned by the Commission. The Department of Finance and Administration (F&A): The Department is headed by the Under Secretary who is responsible for the provision of all support services to the Commission. This department is charged with creating an enabling environment for the Commission activities to run smoothly and its general administration. Secretariat to the Top Management meetings ? Monitoring the implementation of activities within the JSC ? Maintaining an Inventory of Assets and Stores ? Planning and Budgeting for the Commission ? Ensuring the existence of good financial management practises ? Provision of utilities- water, electricity and communication services ? Providing adequate and habitable office space 1.7 Committees of the Commission A number of committees are in place to perform tasks that address specific core business of the Commission. Top Management Committee: The Chairperson of the Commission chairs this committee and the other members include all the departmental and section heads. Its core responsibility is to develop work plans and other policies for submission to the Commission for approval. The Disciplinary Committee: This Committee is charged with hearing the disciplinary cases brought against errant Judicial Officers and accordingly recommending to the full Commission for the final action. The PRI department is responsible for the receipt, collection and management of all complaints from the public. Complaints are investigated and deserving cases are forwarded to the Disciplinary Committee for trial. Senior Management Committee: Chaired by the Secretary to the Commission with Heads of Departments and Sections as members, it’s the main decision-making body for the day- today management of the JSC. Legal Affairs Committee: Composed of all lawyers in the Commission and its function is to analyze and advise the Commission on legal issues that arise during the performance of its mandate. It is chaired by the Registrar/PRI and the other members include the Registrar/ EPA, all Deputies Registrars and Principal Legal Officers (PLOs) within the JSC. Administration and Human Resource Support ii.Programme 02 ? Participation in Justice iii.Programme 03 ? Research, Planning and Administration of Justice The bulk of these outputs contribute toward the second JLOS outcome of enhancing access to justice for all especially the marginalized and the poor. The shortfall from the JLOS basket was due to reprioritization of funds in the sector. Table 5: Budget Performance by Programme JUDICIAL SERVICE COMMISSION 11 11 11 11 11 2.1 Snapshot of Medium Term Budget Allocations The table below (Table 6) summarizes the Medium Term Budget allocations for the Judicial Service Commission. Table 6: Overview of Vote Expenditures (UShs Billion) Figures from Table 6 reveal minimal increases in the amounts appropriated to JSC. There will be a reduction in the next FY 2011/12 while for the next two years, there is an expected moderate increase in all the budget items. It should however be noted that the MTEF projections are subject to change depending on the availability of resources by Ministry of Finance, Planning and Economic Development. The figure below is the graphical representation. Source: Ministerial Policy Statement, Ministry of Justice and Constitutional Affairs FY2011/12. Billions of Shillings JUDICIAL SERVICE COMMISSION 12 12 12 12 12 During the FY 2010/11, JSC planned to carry out the following activities: i. Recommend to the appointing authority for the appointment of judges to fill vacant posts in the higher bench as declared by the judiciary ii. Recruit judicial officers for the lower bench iii. Carry out civic education by holding 29 radio talk shows in 7 regional centres of Gulu, Lira, Soroti, Mbale, Mbarara, Fort Portal and Masaka. Print and circulate 3,000 copies of the citizens handbook v. Dispose of at least 20 disciplinary cases every month vi. Print and circulate 2,500 posters on the JLOS anti-corruption strategy vii. Undertake 7 trips for the installation and inspection of suggestion boxes across the country viii. Install the automated public complaints system and monitor its performance ix. Undertake research on administration of justice x. Develop and implement an HIV/AIDS workplace policy for the Commission xii. Develop and disseminate the Client’s Charter xiii. Carry out 6 impact assessment trips 2.2 Major achievements for the JSC during the previous FY 2010/11 The following were the achievements registered by the JSC: i. Recruitment of Judicial Officers (Judges, Registrars and Magistrates) The Commission recommended to the President the appointment of the Hon. Deputy Chief Justice, Justice of the Court of Appeal, the Principal Judge and the Judge of the High Court. The Commission also recruited one Registrar, nine Chief Magistrates, six Senior Principal Magistrates Grade 1, six Principal Magistrates Grade 1, eight Senior Magistrates Grade 1 and five Magistrates Grade 1. JUDICIAL SERVICE COMMISSION 13 13 13 13 13 The greatest challenge facing JSC is the absence of the Commission. The implication of this is the fact that there is a back log of: ? Over 200 shortlisted candidates awaiting interviews to fill 36 vacant posts of Magistrates Grade one. 5 vacant posts which remain unfilled at the Supreme Court. 8 vacant posts which remain unfilled at the Court of Appeal. 12 interdicted officers who need to be cleared and so alleviate the shortage of officers. Atleast 700 uncleared public complaints against judicial officers. 14 judicial officers with unconfirmed appointments. The shortfall in deployment of judicial officers is critical; for example, Teso region which consists of 8 districts, Karamoja region and Lango region each have only one chief magistrate. This is as a great bottleneck to access to justice in these areas. Administrative and Human Resource Support In order for the above recruitments to take place, six job adverts were run, seven commission meetings were facilitated for the short listing and ten recruitment sessions were held. In addition to the above, the Commission produced a draft Clients’ Charter. This document is a social contract by JSC explaining the services it offers to its clients. An HIV/AIDS workshop was held, staff were facilitated to attend conferences abroad and 500 copies of the Annual Report 2009/10 were printed and distributed. Civic Education The JSC is mandated to prepare and implement programmes for education and dissemination of information to Judicial Officers and the public about the law and administration of Justice in Uganda. In this regard, 59 radio talk shows were held in various regional centres. Further still, 5 TV talk shows were conducted. These talk shows aim at creation of awareness among the masses on issues relating to administration of justice. Additionally, 40 sub county workshops (5 per district) were held in the districts of Kasese, Bundibugyo, Bukedea, Ngora, Kibale, Bulisa, Kisoro and Ibanda. 4 prison workshops were held in Katojo, Mubuku, Masindi and Hoima These workshops which are also aimed at creating awareness target the community leaders. The inadequacy in the resource envelope cannot allow for the involvement of the general public The Citizen’s Handbook was translated to Runyakitara. 185 copies were printed in Luganda, and 1,300 copies were printed in English and disseminated. The cost of pre-printing plates for the Luganda version was higher than expected and it caused a reduction in the planned copies. This publication is a simplified version of the various laws of Uganda. It is meant to increase the general public awareness of the law and the repercussions of breaking the law. Administrative support was provided in terms of timely payment of salaries, provision of other welfare benefits and utilities; payment internet services; maintaining the IFMS; subscription to 3 bodies (AAPAM, ESAAG, AAPComs), maintenance of office equipment, and provision of car tyres, batteries, lubricants and fuels. R/EPA giving out a Citizens’ Handbook to a Prison inmate in Masindi JUDICIAL SERVICE COMMISSION There is need to lobby for the inclusion of civic education in the different curricula of learning institutions. There is also need to provide funds for the purchase of civic education audio and visual tools (projectors, flip chart stands and white screens). Public Complaints System (PCS) In regard to the mandate of receiving and processing peoples’ complaints, the Commission had 88 public cases investigated and 45 disciplinary cases disposed of. This performance was against a target of disposing of 120 cases in the year (10 per month). Only 5 Disciplinary Committee sessions were held against the planned 24 sessions. This can be explained by the expiry of the term of the Commission causing a delay in case disposal. 25 suggestion boxes and plaques were procured and installed at the various sub counties that lacked this facility. These boxes act as a link between the general public and JSC. Efforts are under way to automate the public complaints system. This intervention will cause easy retrieval of complaints for that portion of the public that will have access to computers. JSC has also participated in the anti corruption campaign holding 13 anti-corruption Barazas, printing 2,500 fliers and disseminating them. Inspection and Monitoring and evaluation of activity performance In order to assess the impact of the various activities JSC is mandated to undertake, the Commission carries out impact assessment trips, monitoring and evaluations as well as various inspections. Impact assessment trips and 11 M&E trips were undertaken in the western, northern, eastern and central regions. Additionally 5 court inspection trips were carried out in the period under review. The court inspections revealed delays in judgments, chronic absenteeism, and non-attendance to civil cases, poor time management and unethical conduct as key problems in the courts. However, there is need carry out a comprehensive survey to determine the impact JSC activities have on its target population and also assess the relevance of its current programmes. Development Expenditure In the year under review, JSC purchased the following capital items; a. 2 Station wagons; one for the Chairman and the other for the Secretary. The Commissioners’ term of office expired in November 2010 while that of the Chairman expired in May 2011. The implication of this is that most of the planned activities that require their presence did not take off. This has resulted into a build-up of a backlog in the recruitment of judicial officers; unconcluded disciplinary cases as well as postponement of major policy decisions. All Members of the Commission except the Chairperson are part-time Members. This means that for the commission to sit, members have to be mobilized in order to form quorum of six members which is mandatory for any decision by the Commission. The Judiciary is set for an increase in the number of High Court Judges and Justices of the Court of Appeal and Supreme Court. The projected case backlog is also expected to grow at a rate of 10% per annum which will further aggravate the case backlog if no immediate recruitment interventions are put in place. The Commission is faced with a challenge of staff posts that have remained vacant for a while now. The relevant staff required include the 03 Deputy Registrars, an Information Officer and an IT officer. These officers will facilitate operations of the Commission. The Resource centre as a tool of civic education to judicial officers and the public at large is poorly facilitated in terms of reading materials and IT equipment. Recruitment of Judicial Officers The Commission plans to recruit judicial officers depending on the submission forwarded by the Judiciary. The estimated case backlog at the moment is approximately 40,046 cases across the four focus areas of Land, Family, Criminal and Commercial Justice. One of the causes of the backlog is understaffing within the Judiciary. As pointed out in the NDP, while the staffing level is 295 Judicial Officers, the optimum staff requirement is estimated at 500. To this, the NDP calls for replacement of the retired Judges and those on Commissions, and increase the number of Grade One Magistrates under the professionalization of the Bench programmes. In conclusion, if the staffing position within the Judiciary is increased through recruitment, the capacity gap will be addressed to counter the delays in case disposal in the justice system. Public Complaints System JSC will install suggestion boxes in the newly created districts up to sub county level. It will investigate public complaints and dispose of 75% of disciplinary cases by handling 10 disciplinary cases per month (provided a new commission is appointed). The Commission also plans to reduce the case backlog by disposing of atleast 10 cases per month. The process of automating the public complaints system shall be concluded this FY 2011/12. Public Awareness and Participation in Administration of Justice The Commission will conduct public awareness campaigns on matters concerning the administration of justice through 36 radio talk shows; undertaking 24 impact assessment trips; translating the Citizen’s Handbook to Luo; printing and disseminate 10,000 copies of the Citizen’s Handbook in English, Luganda and Runyakitara; holding regional workshops; and running newspaper supplements. Research and Planning for Administration of Justice The Commission will undertake 4 field surveys to research on administration of justice and also undertake 3 court inspection trips per month. 2,000 copies of anti-corruption posters will be printed and anti-corruption Barazas in 11 selected districts will be conducted. Administrative and Human Resource Support Administrative support will continue to be provided in terms of timely payment of salaries, provision of other welfare benefits and utilities; facilitating Commission meetings; conducting Monitoring & Evaluation trips for assessing the level of policy implementation, pay internet services; maintaining the Integrated Financial Management System (IFMS); subscription to 3 bodies (AAPAM, ESAAG, AAPComs), maintenance of office equipment, and provide car tyres, batteries, lubricants and fuels. In addition, quarterly newspaper supplements will run, the Strategic Investment Plan for JSC will be developed, HIV/AIDS workplace policy will adopted, 10 M&E trips will be conducted, the Clients’ charter will be finalized, the competency profile exercise will start, the Commission will be restructured, 3 staff will be facilitated to attend professional bodies’ conferences and 5 staff will be trained in various fields. Development (Capital Purchases) The Commission will purchase the following capital items: ? Air Conditioning facilities for the Registry and the Commission Boardroom. R/PRI in a seminar with prisoners in Katojo ? This visibility is shown by the increase in the number of complaints from the public. However, there is still need to segment the target population in order to design relevant programmes for each segment. This will translate into an increased need for both financial and human resources. (U6) 2 Legal Clerks (U7) 5 Other Staff:- – Prin.