The Report covers FY 2014/2015; a year in which the JSC matched and even surpassed its characteristic performance of excellence. In a sense, the JSC reached a unique highlight of its operations. Both the Chief Justice and the Deputy Chief Justice were appointed at the same time in the course of the year under review. Accordingly, out of 369 serving Judicial Officers currently serving in the entire Judiciary, a hefty 60% of them have been recruited by the current JSC whose mandate commenced in February 2012, and expires in February 2016. Additionally, in the same year the Commission appointed the Chairperson of the Tax Appeals Tribunal (TAT); as well as the Chairperson and the Registrar of the Electricity Dispute Settlement Tribunal. For its other major mandate, the JSC through its Disciplinary Committee held some 26 meetings to consider a total of 106 cases of alleged indiscipline by Judicial Officers (i.e. a trend in indiscipline which is worrisome. The statistics for all other operational aspects of the JSC, are given in the body of this Report. They show vigorous and versatile Commission activity all round. On the Human Resource front, the Commission’s singular loss of Hon. Justice Bart Katureebe, one of the longest serving members of the Commission, was the Judiciary’s and, indeed, the Country’s gain. The distinguished Judge was elevated to the zenith of the Nation’s judicial edifice: as the Chief Justice of Uganda. Chief Justice Bart Katureebe’s appointment was a most notable event. It put closure to over two years of a Judicial interregnum of sorts ? when the Nation’s full-fledged Third Arm of State was left paralyzed, wobbling along as an orphan: one without a head, nor a torso inasmuch as the position of Deputy Chief Justice also remained simultaneously vacant; unfilled for an even longer period of almost three years. But, as they say, there is no dark cloud without a silver lining. In the instant case, the silver lining materialized by way of the courts themselves finally and judicially pronouncing themselves on the tripartite exercise of the Constitutional power and roles of the JSC, the Executive, and the Legislature to appoint suitable Judges of the realm. The messy interregnum provided the neat opportunity for the courts to put to rest the complex question of the appropriate exercise of the doctrine of Separation of Powers. Once more, welcome to this, our latest, Annual Report. Justice James Ogoola CHAIRPERSON JUDICIAL SERVICE COMMISSION 10th September 2015 Page vi Judicial Service Commission Executive Summary This report is prepared to inform all our stakeholders what we have been doing and what we managed to achieve in the twelve months from 1st July 2014 to 30th June 2015, using the public resources that were made available to us. This report is structured in four sections to tell our readers who we are, the resources we received and what we did with it, the resources we expect to receive and what we plan to do with it and the factors that hinder our performance. The first section explains the legal basis and the purpose of our existence. It also explains our short, medium and long term objectives as well as the values that we hold dear in the day to day operations of the Commission. This section also expounds the structures of the Commission by giving the details of the Directorates, Department and the staffing changes that occurred over the last twelve months. The second section reports in a fairly detailed manner our performance in the FY 2014/2015, both in terms of the finances received and expended as well as the physical outputs delivered. The report shows that we received Shs 3.2 billion for Go U Recurrent and Development Budget and Shs 731 million under JLOS SWAP Budget. We used these funds to identify and recommend for appointment persons to hold the positions of; Chief Justice, Deputy Chief Justice, Justices of the Supreme Court, Justices of the Court of Appeal and Judges of High Court. We appointed 14 Grade One Magistrates and confirmed in service 28 Judicial Officers. The Directorate of EPA held 48 radio talk shows across the country, convened sensitization meetings in 39 sub counties, held sensitization workshops in six prisons, printed and disseminated 1,392 copies of the Citizens Handbook. The Directorate also inspected courts in 16 magisterial areas and held three sensitization meetings on the public complaints system. The third section forecasts on what we intend to do in the FY 2015/16. We shall fill vacancies on the higher and lower benches. We shall also hold 63 radio talk shows, 16 sub county civic education meetings and three (3) prisons inmates’ workshops, print and disseminate 7,000 Citizens Handbooks and hold three performance management workshops for judicial officers. We shall investigate 120 cases, hold 36 disciplinary committee meetings and one retreat, inspect courts in sixteen (16) magisterial areas, hold two anti corruption meetings and print anti corruption IEC materials. The fourth section highlights the challenges we faced during the year and makes some suggestions to address the challenges. Page 1 Judicial Service Commission 1.0 SECTION I ? INTRODUCTION Background The JSC is an independent Agency of the State established under Article 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 Article 147 of the Constitution. Vision Statement An effective and efficient Judiciary in Uganda, contributing to the promotion of law and order 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 following constitutionally specified offices, namely: 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 the education of, and for the 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 generally to act as a link between the people and the Judiciary. Advise the Government on improving the administration of justice and perform any other functions prescribed by the Constitution or Parliament. Page 2 Judicial Service Commission The Commission may carry out other functions that Parliament may prescribe under Article 147 (1) of the Constitution. For example, 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. The Public Procurement and Disposal of Public Assets Act as amended provides for the JSC Chairperson to be consulted by the Minister of Finance, Planning and Economic Development over the appointment of the Chairperson of the Public Procurement and Disposal of Public Assets Appeal Tribunal. Core Values Independence: Article 147(2) of the Constitution empowers the JSC to act independently without any direction or control of any person or authority. The Commission takes 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 behaviour and conduct of the JSC staff exhibits and promotes high standards of confidentiality, judicial and personal integrity. Propriety: The JSC staff members conduct themselves in a manner 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. Page 3 Judicial Service Commission 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 gender, color, race, ethnicity, religion, age, social or economic status, political opinion, or disability. Competence and Diligence: The Commission prides itself in producing 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. Statement of Objectives Overall objective Ensuring that all persons in Uganda have access to improved Judicial Services through recruitment and disciplining of Judicial Officers, conducting Civic Education as well as investigating and effectively handling public complaints and suggestions in the judicial system. Long Term Objectives 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. Medium Term Objectives Ensuring that the terms and conditions of service for the Judicial Officers are commensurate with their status and are sufficiently adequate to attract and retain a high calibre Judicial Officers. Professionalizing the Lower Bench by upgrading all the positions of Magistrate Grade II to Magistrate Grade I. Increasing public awareness and participation in the administration of justice. Ensuring strong discipline among judicial officials Short Term Objectives ? Filling all vacant positions declared by the Judiciary with competent, ethically proven, disciplined officers; ? Interfacing with Judicial Officers to promote good governance; Page 4 Judicial Service Commission ? 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. 1.1 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 present Commission came into existence on 2nd February 2012. These members take up the following offices; 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, who is an ex-officio member of the Commission. The Commission as at June 30, 2015 comprised the following: Hon. Justice Bart Katureebe left the Commission in March 2015, after being appointed as Chief Justice of Uganda. Fred Ruhindi joined the Commission after being appointed as Attorney General. Page 5 Judicial Service Commission Hon. Laban Nnini Kirya Member Members of the Judicial Service Commission Hon. Justice Dr Esther Kisaakye Deputy Chairperson Mr. Kivumbi Secretary Page 6 Judicial Service Commission 1.2 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 Permanent Secretary who is responsible for: Organization and operation of the work of the Commission; Tendering advice to the Chairperson in respect of the business of the Commission; Implementing the policies of the Government of Uganda; Ensuringproperexpenditureofpublicfundsbyorinconnectionwiththe Commission; Carrying out policy decisions of the Commission and the day-to-day administration and management of the affairs of the Commission and the control of all staff of the Commission. Arranging the business for and recording and keeping the minutes of all decisions and proceedings of the Commission and its meetings. Performing any other function assigned to him/her by the Commission The Secretariat is composed of two Directorates namely: Education and Public Affairs (EPA), as well as Planning, Research and Inspectorate (PRI); and a Department of Finance and Administration (F&A). 1.2.1 The Directorate of Education and Public Affairs (EPA): EPA is headed by a Registrar and deputized by a Deputy Registrar. Other staff members include two Principal Legal Officers, one Information Officer, one Legal Clerk and support staff. However, presently, the position of Registrar is vacant after the appointment of the previous holder to the office of Judge of the High Court. The Directorate is responsible for: – Carrying out Civic Education Publishing Civic Education Materials on law and administration of justice i.e. books, brochures, news supplements, etc. Handling the public relations function of the Commission Performing any other duties assigned by the Commission. 1.2.2 The Directorate of Planning, Research and Inspectorate (PRI) Structurally, PRI is headed by a Registrar and is deputized by two Deputy Registrars. The other staff members include four Principal Legal Officers, four Legal Clerks and support staff. However, the positions of Registrar, one Deputy Registrar are still vacant. The Directorate performs the following functions: Receiving and Processing peoples’ recommendations and investigating complaints concerning the Judiciary and the administration of justice Page 7 Judicial Service Commission Researching the terms and conditions of service of Judges and other Judicial Officers including Chairpersons, Members and Registrars of Tribunals. Researching 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 stakeholders in the Justice, Law and Order Sector. Performing any other duties assigned by the Secretary. 1.2.3 The Department of Finance and Administration The Department is headed by the Under Secretary. This department is charged with the responsibility of creating an enabling environment for the Commission activities to run smoothly and its general administration. Its functions are listed below: Secretariat to the Top Management meetings Maintaining an Inventory of Assets and Stores Planning and Budgeting for the Commission Human resource management Provision of utilities- water, electricity and communication services Processing the procurement of goods and services Providing adequate and habitable office space This post of Under Secretary has been vacant during most of the year. However, the Principal Assistant Secretary has ably kept the Department running smoothly. Committees of the Commission A number of committees are in place to perform tasks that address specific core business of the Commission. They include:- Top Management Committee The Chairperson of the Commission chairs this committee and the other members include all the departmental and section heads. The Committee sits quarterly to develop work plans and other policies for submission to the Commission for approval. The Disciplinary Committee This Committee is charged with hearing disciplinary cases brought against errant Judicial Officers and accordingly recommending to the full Commission for the final action. Complaints are investigated Page 8 Judicial Service Commission and deserving cases are forwarded to the Disciplinary Committee for trial. This committee sits at least twice a month. Grace Oburu Member vi) Secretary, JSC Senior Management Committee This is chaired by the Secretary to the Commission. It consists of all Heads of Directorates, Departments and Sections, and sits once a month to focus on the implementation of the JSC work plan. Heads of Department Committee This Committee is chaired by the Secretary of the Commission and is composed of all the heads of directorates and departments. It sits every Monday to review the activities of the Commission on a weekly basis. 1.3 Staffing Changes During the period under review, the Commission experienced a number of staff changes regarding transfers, and new appointments as highlighted in the tables below: Table 1: Transfer of staff to the Commission Name Title Remarks Mr. Omene Emmanuel Senior Economist He was transferred from Kaberamaido District Local Government Ms. Nalwoga Annet Senior Personal Secretary She was transferred from the Public Service Commission. Nazziwa Josephine Kulabirawo Personal Secretary She was transferred from the Ministry of Public Service. Namazzi Rebecca Personal Secretary She was transferred from the Ministry of Public Service. Nalwoga Viola Pool Stenographer She was transferred from the Ministry of Agriculture, Animal Industry and Fisheries Mr. Musisi Paul Office Attendant He was transferred from the Ministry of Public Service. Waiswa Moses Internal Auditor He was transferred from the Judiciary. Page 9 Judicial Service Commission Table 2: Transfer of staff from the Commission Name Title Replacement Remark Ms. Waduwa was transferred to the Ministry of Local Government. Ongom Sandra Senior Human Resource Officer None Ms. Ongom was transferred to the Ministry of Public Service. Ayorekire was transferred to the Judiciary Ms. Sejjoba was transferred to the Ministry of Local Government Mr. Kawooya was transferred to the Ministry of Education, Science, Technology and Sports. Table 3: Officers who left Service for other reasons Name Title Replacement Remark Ms. Kisubi Christine Senior Personal Secretary None Ms. Kisubi left service on mandatory retirement. Table 4: New staff in Financial Year (FY) 2014/15 Name Title Ms. Ginamia Melody Ngwatu Principal Legal Officer Mr. Mugisa Samuel Principal Legal Officer Ms. Mukera Denis Legal Clerk Staffing Challenges Low levels of staffing A number of posts in the Commission have remained vacant for a long time. The posts of Registrar and Deputy Registrar have remained vacant for over three years. This negatively impacts on the performance of the Commission. This scenario is partly due to the fact that it has not been easy to attract lawyers from either the private sector or other Government Departments given the different pay structures for the legal professionals in the service. Page 10 Judicial Service Commission 1.4 JSC Budget Structure In Financial Year 2014/2015, the JSC operated under four key Programmes with six contributing outputs as outlined below: i) Programme 01 ? It has two contributing outputs; a) Recruitment of Judicial Officers b) Administrative and Human Resource Support ii) Programme 02 ? It has one contributing output; a) Public awareness and Participation in Justice Administration. It has two contributing outputs; a) Public Complaints System. b) Research and Planning for Administration of Justice. It has one contributing output; a) Production of Quarterly Audit Reports. The bulk of these outputs contribute towards the second Justice, Law and Order Sector Outcome of “enhancing access to JLOS services particularly for the vulnerable persons”. Taxes 286,416 253,186 253,186 Total 3,347,643 3,214,196 3,214,196 The table above shows a shortfall in funds released for wages. The shortfall in the wages was due to unfilled posts in JSC. The funds released under non wage recurrent were more than the budgeted amount due to the decentralization of payment of pensions and gratuity. This came about due to the enhancement of sitting allowance for Commissioners during this financial year. During the year, the Commission also started paying monthly retainer allowance to eligible Commissioners. The Commission also received financial support through the JLOS SWAP arrangement in the FY 2014/2015. Under this arrangement, JSC had an initial budget of UGX 984,740,000/= out of which UGX 731,040,000 was released. Page 12 Judicial Service Commission The funds that JSC received under this arrangement and how they were broadly applied are as detailed in the table below: Table 7: Financial Performance for FY 2014/2015 per Programme (JLOS) Output Budget UGX (`000) Off-Budget Support (`000) Release (`000) Spent (`000) Recruitment of Judicial Officers 191,520 – 159,700 159,700 Administrative & Human Resource Support Automation of data and support to PPU 20,500 – – – Public awareness and Participation in Justice Administration 337,920 – 290,000 239,934 Public Complaints System 215,200 – 161,340 161,197 Anti Corruption – – – – Capital Development (Public Complaints System) 120,000 – 120,000 120,000 Development of Recruitment, Discipline and Training of Judicial Officers 99,650 – – – Total 984,740 – 731,040 680,831 The table above reveals that under JLOS, a greater percentage of the funds were budgeted for the programme of Public awareness and Participation in Justice Administration followed by the Public Complaints System especially handling of disciplinary cases that continued to accumulate with the increasing public awareness of the Commission’s complaints handling mechanism. The least budget allocation was for Administrative and Human Resource Support. This is due to the fact that the SWAP funds cater for core activities and not activities related to administration and support services. 2.2 Snapshot of Medium Term Budget Allocations The table below summarizes the Medium Term Budget allocations for the Judicial Service Commission. The Commission expects a gradual increase in the resources over the medium term. However in the Financial Year 2017/2018 there will be a drastic increase in the allocation for development budget. This is the time when we expect to take occupancy of the JLOS House currently under construction at Naguru. There will be need for mass replacement and upgrade of office equipment and furniture. This is the output under which retainer and sitting allowances for Commissioners are met. The least funds are to go to Internal Audit. Internal Audit is a small output area in the budget and it has only one staff member at the moment. This explains its small budgetary allocation. It directly appoints Deputy Registrars, Chief Magistrates and other Judicial Officers into various magisterial positions. The Commission held a combined total of 23 short listing and interview sessions for the recruitment of judicial officers. Arising out of these meetings, recommendations were made to the Appointing Authority for the appointment of the Chief Justice, Deputy Chief Justice, Justices of the Supreme Court, Justices of the Court of Appeal and Judges of the High Court. The Commission, in line with its mandate, also made recommendations for the appointment of Chairperson of the Tax Appeals Tribunal, Chairperson and Registrar of the Electricity Disputes Tribunal. The Commission appointed 14 Grade One Magistrates and confirmed in appointment 28 Judicial Officers. We also recommended for appointment persons to hold the positions of; Chairperson of the Tax Appeals Tribunal, Chairperson, Vice Chairperson and Registrar of the Electricity Disputes Tribunal. The tables below show the details of the appointments and confirmations made during the reporting period: Page 15 Judicial Service Commission Table 11: List of Appointed Judicial Officers No. Mr.Justice Bart Katureebe Chief Justice 2. Mr.Justice Steven Kavuma Deputy Chief Justice Table 12: List of Newly Appointed Magistrates No. Janeva Natukunda Principal Magistrate Grade One 3. Nakato Josephine Ddembe Grade One Magistrate 6. Koluo Catherine Elayu Grade One Magistrate 10. Nabushawo Catherine Grade One Magistrate 11. Odokonyero Justine Grade One Magistrate 13. Kyomuhangi Happy Anne Grade One Magistrate 16. Kiwanuka Hillary Grade One Magistrate Table 13: List of Judicial Officers Confirmed in Service No. Bwambale Daniel Busathiro Grade One Magistrate 2. Tibagonzeka Jane Grade One Magistrate 4. Bomukama Muhwezi Pamela Grade One Magistrate 5. Nassozi Rehema Ssebowa Grade One Magistrate 7. Okwang Stella Paculal Grade One Magistrate Page 16 Judicial Service Commission 8. Owino Paul Abdonson Grade One Magistrate 12. Basajabalaba Jalia Grade One Magistrate 13. Nsobya Ronald Kamya Grade One Magistrate 14. Egesa Wiberforce Masaaka Grade One Magistrate 16. Achok Abrahams Moding Grade One Magistrate 18. Lumunye Timothy Grade One Magistrate 19. Ninsiima Marion Grade One Magistrate 20. Nantege Christine Grade One Magistrate 21. Muhangi Saverino Gibson Bugingo Grade One Magistrate 24. Nantaawo Agnes Shelagh Grade One Magistrate 25. Ssemwanga Nalugya Mariam Grade One Magistrate The Commissioners were able to perform their duties with dedication due to improved facilitation resulting from the introduction of retainer allowance and enhancement of sitting allowance payable to eligible members. The Secretariat staff members continued to perform their duties with relentless dedication and team spirit. The support they rendered to the Commissioners made the work effective and efficient. We recognize and appreciate the support we have continued to receive from the Justice, Law and Order Sector (JLOS) towards the performance of the Commission’s recruitment function; and this was instrumental in the excellent results registered. 2.3.2 Civic Education The JSCismandatedtoprepareandimplementprogrammesforeducationanddissemination of information to judicial officers and the public about the law and administration of justice in Uganda. The Commission conducted a total of 48 hours of radio talk shows on various radios in many places across the country. Page 17 Judicial Service Commission The radio talk shows where held in; Tororo, Soroti, Lira, Moroto, Kabale, Fort Portal, Arua, Gulu, Lira, Moroto, Jinja, Mbale, Mbarara, Kampala and Bundibugyo Districts. The Commission printed various Information, Education and Communication (IEC) materials to promote public awareness and increase utilization of judicial services. We printed and disseminated 1,392 copies of Citizens Handbook in English as well as charts, brochures and stickers. The Commission held 39 sub county civic education meetings in Tororo, Lyantonde, Kyenjojo, Soroti, Kayunga and Mukono Districts. The table below shows the districts, sub counties and town councils in which the meetings were held. Table 14: List of Town Councils and Sub Counties which hosted JSC Civic Education meetings No. Mollo Sub County 10 Mukuju Sub County 11. Western Division, Tororo Municipality 20. Eastern Division, Tororo Municipality 21. Iyolwa Sub County Page 18 Judicial Service Commission 2. Eastern Division, Soroti Municipality 2. Western Division, Soroti Municipality 5. Kyampisi Sub County During these meetings, local leaders were sensitized on the role of JSC and on laws relating to sexual offences, land disputes and succession. The Commission also ventured into the use of Short Message Service (SMS) to sensitize, mobilize and influence the justice seeking habits if members of the general public. The original plan was to reach 10 million mobile phone users through this approach. However, time constraints at the close of the Financial Year made this lofty target unattainable. It is, however, fulfilling that the first steps were made and some phone users were reached. The Commission also organized and held six (6) prison inmate workshops at; Mbarara Prisons in Mbarara District, Arua Prisons in Arua District, Soroti Prisons in Soroti District, Kyenjojo Prisons in Kyenjojo District, Kisoro Prisons in Kisoro District and Busia Prisons in Busia District. Page 19 Judicial Service Commission The Commission continued to update the resource centre in line with the goal to have a rich one stop reference centre for legal professionals. The Commission renewed its subscription to the e Law library facility earlier installed at the resource centre. The resource centre was supplied with several highly sought after reference books in the legal profession. We also maintained our subscription to the Uganda Gazette to ensure that we promptly receive government decisions and communication on various matters of public interest. 2.3.3 Public Complaints System Investigation of Cases The Commission carried out 7 complaints investigation exercises in Mbarara, Masaka, Ntungamo, Kabale, Kisoro, Lyantonde, Pallisa, Mbale, Kumi, Soroti, Serere, Iganga, Namayingo, Jinja, Mukono, Kayunga, Buikwe, Njeru, Nakawa, Wakiso, and Nabweru. Other investigation exercises were carried out in Kamuli, Tororo, Rukungiri, Bushenyi, Ibanda, Sheema, Mitooma, Ntungamo, Kaliro, Mayuge, Mpigi, Sembabule, Kalisizo, Luweero, Nakaseke, Nakasongola, Kiryandongo, Lira, Apac, Gulu, Nebbi and Paidha Disciplinary Measures The Disciplinary Committee held 26 meetings to consider complaints that were raised against judicial officers. The summary of the performance of the disciplinary function is indicated on the table below. The meetings were held in Lukaya Town Council and Bukulula Sub County in Kalungu District as well as at Kasese District Headquarters. Page 20 Judicial Service Commission 2.3.4 Research and Planning for Administration of Justice Inspection of Courts The Commission carried out 16 Court Inspections trips in 16 magisterial areas throughout the country during the year in review. The reports of the findings during these inspections are being compiled and will be shared with key stakeholders. The table below shows the magisterial areas and courts where inspections were under taken. Table 16: List of Magisterial Areas and Courts Inspected Magisterial Area Court 1. Busembatia Grade I Magistrate’s Court 6. Kaliro Grade I Magistrate’s Court Page 21 Judicial Service Commission 7. Namalemba Grade II Magistrate’s Court 9. Kigandalo Grade II Magistrate’s Court 10. Kityerere Grade II Magistrate’s Court 12. Namungalwe Grade II Magistrate’s Court 13. Lyantonde Grade I Magistrate’s Court 10. Masindi Chief Magistrate’s Court Page 22 Judicial Service Commission 12. Kakindu Grade II Magistrate’s Court Subscription to Professional Bodies The Commission continued to subscribe to the Uganda Law Society as well as the East African Law Society. This is aimed at keeping the law professionals employed by the Commission up to date with knowledge, skills and emerging issues in the legal profession. 2.3.5 Administrative and Human Resource Support In order for the above key activities to take place, various administrative and human resource support activities were undertaken. The following was achieved: 12 routine Commission meetings were facilitated. The Commission continued to implement the HIV/AIDS workplace policy by organizing HIV sensitization meetings. Under the same programme, all female staff of the Commission were offered an opportunity for cervical and breast cancer screening. The Principal Human Resource Officer was facilitated to attend a professional conference in London United Kingdom. 1000 copies of the Annual Report 2013/14 were printed and disseminated. Administrative support was provided in terms of timely payment of salaries, provision of staff welfare, payment for JSC internet services, hosting JSC website, computers were serviced, newspapers were bought, cleaning and garbage Page 23 Judicial Service Commission collection services were undertaken, corporate wear was delivered to staff and JSC website domain was renewed. The IFMS equipment was competently maintained and this allowed submission of complete, accurate and timely quarterly financial reports throughout the year. The Commission successfully migrated from the centralized IPPS based salary payment system to the decentralized IFMS based salary payment system for its staff members. The Commission has, as a result, been able to pay all staff salaries before the 28th of every month. The work plan and budget for Financial Year 2015/2016 was made and underwent the normal approval process. Supervision of JSC activities as well as monitoring and evaluation were carried out in Mbale, Manafwa, Kumi, Bukedea, Masaka, Rakai, Nakasongola, Kiryandongo, Nebbi, Zombo, Jinja, Buikwe, Kapchorwa, Kween and Bukwo Districts. These exercises revealed among other things the following; i) Frequent adjournment of cases and delays in judgments. ii) Incongruent sizes of magisterial areas, with some magisterial areas comprising eight districts while others have one or two districts. The led to sharp variations in case load at Chief Magistrate’s Courts across the country. iii) Presence of volunteer staff and chronic absenteeism in courts continued but there was noticeable efforts to reduce backlog in many courts. iv) An increment in the levels of public awareness reflected by the rise in the number of reported complaints and use of toll free telephone line. However, there was a marked decrease in the use of suggestion/complaints boxes as a means of registering complaints. v) The consistent use of radio talk shows to educate members of the public on matters of the law and administration of justice was found to be having a positive effect. The number of persons who have ever listened to JSC radio talk shows was found to be high compared to those from the previous period. vi) It was also noted that the investigation and inspection activities have continued to be key to the visibility of JSC in the field. The decision to start publicizing the dismissal and/or retirement in public interest of errant Judicial Officers was found to have rejuvenated the public trust in the work of the Commission. Page 24 Judicial Service Commission 2.3.7 Internal Audit In the Financial Year 2014/2015, the Internal Audit Unit was able to produce four quarterly reports on the physical and financial performance of the Commission highlighting areas where improvements needed to be done. The Internal Audit Reports help the Commission to streamline its procedures and processes regarding but not limited to payment of pensions and gratuity, vehicle maintenance, assets management, accountability for advances, management of fuel, accountability for taxes (Withholding Tax, Pay as You Earn and Local Service Tax) as well as facilitation of retiring officers. We are fully convinced that the Internal Audit Unit has added value to services we deliver and the support services that make the performance of our core functions possible. We hope to have this unit strengthened through adequate staffing, retooling and general facilitation to enable it to continue to perform its very critical role in the guidance of management. The JSC Activities for FY 2015/2016 have been categorized under seven key outputs namely: 3.1 Recruitment of Judicial Officers The Commission, having gained valuable experience over the last three and half years, expects to perform the recruitment function with greater efficiency. We therefore intend to make recommendations for the filling of positions on the higher bench within four months of receiving notification of available vacancies. It should be noted that the Commission carries out thorough back ground checks on all eligible candidates for appointment to the higher bench, prior to making recommendations for appointment to the Appointing Authority. The Commission plans to fill all declared vacancies of judicial officers on the lower bench within a period of three months from the date of declaration of vacancies by the Judiciary. We also intend to confirm all eligible judicial officers depending on the submissions forwarded by the Judiciary. In order to accomplish this, the Commission will run seven job advertisements in the national media and hold a total of 35 sessions for short listing, interviews of applicants and confirmation of Judicial officers. The increase in the number of Judicial Officers coupled with introduction of new approaches to the delivery of judicial services, such as plea bargaining, small claims procedure and alternative dispute resolution will go a long way towards ridding the court system of perennial case back logs. This will also help to restore public confidence in the courts of judicature in particular and the justice system in general. 3.2 Public Complaints System Collection of Complaints/Suggestions The Commission will continue to use a multi pronged approach to collecting complaints and suggestions from members of the public on operations of the courts in particular and matters of the law and administration of justice generally. The five methods currently in use and which will be strengthened in the FY 2015/2016 are: Page 26 Judicial Service Commission a) Physical Registration We encourage all persons who have suggestions or complaints about the courts, and are able, to physically visit our offices on Plot 6/8 Parliament Avenue, Farmers House, Ground Floor, Kampala. b) Use of Toll Free Telephone The Commission has installed two toll free telephone lines for use by members of the public. c) Use of Suggestion/Complaints Boxes The Commission has over the years installed suggestion/complaints boxes at district, municipal council, town council and sub county offices. The authorities hosting these boxes have assigned persons to help members of the public to lodge their complaints/suggestions through these boxes. The Commission will continue to have a programme of retrieving complaints from these boxes on a monthly basis. The Commission also plans to hold 2 sensitization meetings across the country to sensitize members of the public on the use of these suggestion boxes, among others. d) Postal Services We encourage persons who have access to postal services to write and post their complaints to: The Secretary, Judicial Service Commission P.O Box 7679, Kampala. e) Electronic mail services The Commission has a vibrant website and an e mail address through which we can be contacted. Please email you complaint to info@jsc.go.ug. We undertake to acknowledge receipt of all complaints and to keep the complainant informed of the progress of his complaint, Sensitization Meetings on Public Complaints System The Commission will hold two sensitization meetings on the operations of the Public Complaint System. This, it is hoped, will not only increase awareness of the system but also build public confidence in the system that has been established to check abuse of authority in the courts and unethical behaviour by some Judicial Officers. Page 27 Judicial Service Commission Investigation of Cases The Commission will ensure prompt handling of complaints received through any of the five routes listed above. In the FY 2015/2016, the Commission plans to make 8 investigation trips during which we target to investigate 120 cases. The investigations will be expeditiously done and the findings handed over to the disciplinary committee for further processes. The Commission also intends to keep all complainants up to date with the progress of their cases. This will be achieved through regular feedback communication to the complainants. Disciplinary Committee Meetings The Commission will hold 36 disciplinary committee meetings to consider investigated cases and have them resolved. When a case reaches the level of the Disciplinary Committee, both the complainant and the respondent (Judicial Officer) are required to appear before the Committee for formal hearing with evidence and witnesses at hand. The Commission undertakes to meet all the expenses incurred by the complainant and the complainant’s witnesses. In the FY 2015/2016 we estimate a total of 36 complainants and 72 complainants’ witnesses will be required to appear before committee. Disciplinary Committee Retreats We plan to hold one Disciplinary Committee retreat to enable us clear the case backlog that has continued to grow due to heightened public awareness leading to increased use of the public complaints system. 3.3 Public Awareness and Participation in Administration of Justice Radio Talk Shows The Commission will conduct public awareness campaigns on matters concerning the administration of justice through 63 radio talk shows in different parts of the country. The Go U recurrent budget will fund 15 talk shows, while 48 talk shows will be funded by the JLOS SWAP budget. The talk shows will be held in Soroti, Jinja, Mbarara, Lira, Mbale, Gulu, Kitgum, Hoima and Kabale, among others. The talk shows are to address succession law, mob justice, witchcraft and domestic violence among other topical justice related issues. This being an election period, special emphasis will be put on electoral laws generally and the offences stipulated therein in particular. Page 28 Judicial Service Commission Sub County Sensitization Meetings The Commission will hold 16 sub county workshops in various districts and regions of the country. The workshops are meant to sensitize the local opinion leaders with the aim of making the change agents by way of passing on the information to the grassroots and thereby influence the justice needs of the public. Prisons Inmates Workshops The Commission will continue to hold three (3) Prisons Inmates Workshops in selected districts across the country. The workshops are meant to inform the prisoners of their rights and remind the prisons authorities of their responsibilities in respecting the rights and promoting the welfare of prisoners. Publication and Dissemination of IEC Materials The Commission plans to print and disseminate 7,000 copies of the Citizens Handbook in English, Luganda, Ateso, Nga’Karimojong, Runyakitara, Luo, Kiswahili and Lugbara. The Go U funding will finance the printing of 2,000 copies of the handbooks, while the JLOS SWAP funds will be used to produce 5,000 copies of the Citizens Hand Books. Performance Management Seminars The Commission will hold three one-day seminars for judicial officers on performance management, discipline and general good management practices. The seminars will take place in magisterial areas which have not had the chance to host such seminars before. 3.4 Research and Planning for Administration of Justice Court Inspection The Commission plans to inspect courts in fourteen (14) magisterial areas in the FY 2015/2016. The inspections are meant to acquaint the Commission with the conditions under which Judicial Officers work in various parts of the country. This creates an informed basis on which the Commission can advise government on the terms and conditions of service of Judicial Officers as mandated by the Constitution of Uganda. Additionally, court inspections allow the Commission to check on adherence to policies, standards and good practices expected of institutions under the public service of Uganda. Anti Corruption Drive The Commission will engage the public, advocates, judicial officers and JLOS stakeholders in meetings regarding the perceived corruption in the Judiciary. In this regard, the Commission will hold two community meetings in Isingiro and Kaberamaido Districts. Page 29 Judicial Service Commission The Commission also plans to produce and disseminate anti corruption IEC materials. This will be in form of charts, brochures, fliers and stickers. This, we hope, will sensitize and galvanize the public as the key stakeholder in the fight against corruption. Subscription to Professional Bodies The Commission will continue to subscribe to the Uganda Law Society and the East African Law Society. In this regard the Commission as an institution and as individual staff members will be facilitated to update their membership to these associations. This is aimed at keeping the lawyers at the Commission professionally up to date through the Continuing Professional Development programmes organized by these bodies. It will also help the Commission to continue receiving professional journals and other relevant publications. In the long run, JSC will need to cultivate professional relations with the various Judges and Magistrates Associations of Uganda, East Africa and the Commonwealth. 3.5 Administrative and Human Resource Support Administrative Support Services Administrative support services will continue to be provided in terms of: Preparation of budget frame work paper, ministerial policy statement, work plan and budget for the financial year 2016/2017; Facilitation of twelve (12) routine Commission meetings; Timely payment of members’ allowances and staff salaries; Facilitation of two staff members to attend professional conferences abroad; Induction of newly recruited staff; Payment of staff consolidated allowances to guarantee minimum standards of staff welfare; Recognition and awards for best performing staff members; Uninterrupted provision of utilities, i.e. electricity, telephone services and water; Payment for security services; Payment for medical services; Payment for JSC internet services; Renewal of JSC Website Domain and hosting of website; Procurement of consumable supplies such as office stationery, toner cartridges etc; Printing and dissemination of 1,000 copies of Annual Report, 2015/2016; Maintenance of motor vehicles; Page 30 Judicial Service Commission Servicing and repair of office equipment, including IFMS and IPPS machines; Procurement of staff uniforms and corporate wear; Cleaning and fumigation of offices as well as collection of garbage; and Subscription to three professional bodies i.e. Planning and Reporting The Commission will continue to prepare and submit, to the relevant bodies, quarterly reports of its financial and physical performance as expected. We also intend to have the Policy Planning Unit strengthened to ensure a smooth, reliable and efficacious planning and reporting process. This will also enable us to develop the budget and work plan for Financial Year 2016/2016 within the required time frame stipulated by the Public Finance Management Act, 2015. The submission for the preparation of the Ministerial Policy Statement for 2016/17 will also be timely. We also expect, as a result of streamlining this unit, to have our outputs and achievements accurately captured in the Government Semi Annual Performance Report and the Government Annual Performance Report. Staff training The Commission recognizes the importance of having staff with up to date knowledge and skills. We therefore plan to sponsor six staff members for refresher training within the country, while two staff members will be sponsored to attend professional conferences abroad. Related to this, we are going to put in place a comprehensive induction programme to enable newly employed or transferred staff to smoothly assimilate into the JSC fraternity and quickly internalize its core values and best practices. Implementation of HIV Workplace Policy The implementation of the HIV/AIDS workplace policy will continue. The global and long term goals of the HIV/AIDS fight are: Zero new infections; Zero Stigma; and Zero HIV/AIDS related deaths. On our part and in line with the global agenda, we hope in the long run to attain zero workplace infections, zero workplace stigma and zero AIDS related employee death. Page 31 Judicial Service Commission The Commission shall continue to engage experts to sensitize the staff and reinforce positive behaviour among them aimed at prevention of HIV transmission. The other areas that we shall focus on are drug adherence, nutrition and aspects of positive living that the staff may find useful in their immediate and extended families, as well as in the communities in which they live. We hope to build strong working relationships with organizations which have a wealth of experience in HIV and related matters such as The Aids Support Organization (TASO), Aids Information Centre (AIC), Uganda Aids Commission (UAC), Mildmay Uganda etc. We shall continue to screen all our staff for the most common forms of cancer. Monitoring and Evaluation We plan to conduct monitoring and evaluation exercises in sixteen (16) districts to ensure that planned activities are conducted as scheduled and make proposals for improvement where need be. The exercise has hitherto focused on some activities of the Commission. However, with effect from the financial year 2015/2016, it is being broaden to comprehensively handle all aspects of the field based Commission activities. 3.6 Production of Quarterly Audit Reports The Internal Audit Unit will produce quarterly audit reports for both Government of Uganda Funds and JLOS Funds. Besides the quarterly report, the unit will also carry out the following: Analysis of internal processes with focus on internal control systems, check and balances with appropriate recommendations to the directorates, department and units. Risk assessment, with clear categorization of long and short term risks and the remedial actions to address or avert the risks. Given that most of the activities of the Commission are field based, the Internal Audit should be able to travel extensively to study the service delivery processes, and from the close range experience make workable recommendations for performance improvement. Page 32 Judicial Service Commission 3.7 Development (Capital Purchase) The Commission will purchase the following capital items: One station wagon vehicle for the Chairperson of the Commission, Four desk top computers, Five laptop computers, Four printers, Twenty five telephone desk sets, One spiral binding machine, Two file cabinets, Four office desks, Six executive office chairs, and One wall fan. The Judicial Service Commission has an indisputably wide mandate compared with some other Service Commissions. The appointing mandate is fairly heavy given that we service an entire Arm of the State, the Judiciary. However, the Constitution bestows other functions on the Commission which makes it unique and unwieldy. Whereas the other Commissions strictly act on submissions by responsible officers, JSC may act based on a private citizen’s submission. This involves establishing the veracity of such submissions, and giving the judicial officers full opportunity to be heard ? thus folding into one body both executive and judicial functions. The Constitution also mandates us to educate judicial officers and the public on matters of the law and administration of justice. This is surely a very broad area which keeps us on our toes throughout the year. The unique and broad nature of our mandate underpins the challenges we have had and continue to face in our day to day operations. These challenges are as elaborated below: i) The Commission is housed in Farmers House which is a government building currently under the management of Uganda Property Holdings Ltd. In order to renovate the building, the management expects JSC together with other occupants to pay monthly user fees. Unfortunately, this item was not provided for in our budget estimates. This leaves us in a very awkward position. ii) Farmers House, where the Commission is housed, is a derelict building with limited space which can hardly accommodate even the present low level of staffing. Soon, we may reach the end of our wits when new staff members are received. This is likely to be very soon as the process of filling some vacant positions at the Commission is at an advanced stage. Moreover, the state of the building is proving to be a health hazard to the present staff members. There has been a rise in cases of respiratory tract infections and allergies among staff members in units found in the worst sections of the building. iii) It is only the Chairperson of the Commission who is full time; all other members are part timers. The part time status of the Commission members undermines its ability to address emergency demands connected to Commission’s mandate. This means that the Commission cannot sit as frequently as it would be required to deal Page 34 Judicial Service Commission with important matters. It is for the same reason that the Disciplinary Committee responsible for handling complaints against judicial officers is only able to sit twice a month to dispose of cases, yet complaints keep coming in on a daily basis. This negatively impacts the operations of the Commission, whose quorum is six out of the nine members. The resultant effect is the accumulation of disciplinary case backlog in JSC. iv) The Public Complaints System and the Public Awareness campaigns require JSC officers to traverse the country creating awareness, collecting people’s complaints and suggestions regarding the administration of justice in Uganda. However, shortage of funds for acquisition of a sufficient number of vehicles has greatly affected these crucial field activities. JSC therefore faces the challenge of travelling to the field to carry out civic education, and to pick complaints deposited in the suggestions boxes installed at district headquarters, municipalities, town councils and sub counties. The few vehicles we have are very old and some are past their boarding off dates. These vehicles can no longer make long journeys without the risk of officers getting stranded on the way due to breakdown. v) The Commission’s mandate of research is virtually not being undertaken. The Commissioners need funds to carry out comparative studies in and beyond the region on the terms and conditions of service for judicial officers if Uganda is to improve access to justice to all. vi) The Commission is faced with a challenge of hugely unfunded training and Civic education activities on law and administration of justice. Yet it has been observed that the above are the most effective means of delivering education to the masses. The little funding has been used by JSC in covering less than 40 sub-counties per year against over 1,600 sub-counties. In the next FY, this will even get worse as the available funds can only cover 16 sub counties. This thinly spreads the impact of the civic education activities leaving a very large percentage of the population largely ignorant of issues that relate to justice. vii) The Commission has suffered a long standing shortage of staff in the technical departments. Despite numerous advertisements being run, we are yet to attract appropriately experienced legal professionals into the Commission. This has resulted in key positions of Registrar, Deputy Registrar and Principal Legal Officer remaining vacant. The inability to attract the required human resources is attributable to a number of factors key among which are: Page 35 Judicial Service Commission a) Unfavourable pay package for legal professionals at the Commission vis a vis those in other government agencies. This discrepancy arises from the fact that the salaries for legal professionals in the Judiciary are not taxed while those at the Commission are taxed. In other government agencies that employ legal professionals such as Uganda Law Reform Commission, Uganda Human Rights Commission, and the Inspectorate of Government, their pay packages are much better on account of being self accounting and thus able to determine staff salaries in house. b) The staffing structure of the Commission has some gaping holes. There are no suitable vacancies for fresh graduates. The lowest legal professional is a Legal Clerk, whose qualification is a Diploma in Law; and the next post is Principal Legal Officer who is a graduate with at least nine years experience, three of which must be attained at the level of Senior Legal Officer or its equivalent. This structure does not allow us to get young professionals who can then be nurtured into higher positions. 4.2 Recommendations to Address the Challenges i) There is need for additional funding to enable the Commission to meet its obligation towards payment of user fees to Uganda Property Holdings Ltd. ii) The financial health of the Commission should be given the attention it deserves, given that JSC services an entire Arm of State. This can be resolved by granting the Commission self accounting status which will allow it to assume and play its rightful role in the service of the Nation. This will require some amendments to the Constitution. Indeed, it is our belief that granting self accounting status to the Commission would be a master stroke that would open the way to solve all the major challenges enumerated above. iii) The problem of attracting staff can be handled by introducing a new structure for the Commission, which allows it to employ less experienced professionals who can then grow in service. In fact, the process of restructuring was started by the Ministry of Public Service about two years ago and so far we have only received the new structure for the Human Resource Unit which is being elevated to a fully fledged department. The new structures for the two technical directorates should be expedited so that the Commission can attract adequate quality and quantity of staff in readiness for the anticipated expansion of the Commission’s mandate and the attendant increase in its work load. iv) The status of the Commission members should be revisited with a view to making the Commission or some members thereof, full time. This would call for amendments to the Constitution. Page 36 Judicial Service Commission Annex 1: JSC staff list as at 30 June 2015 S/N NAMES DESIGNATION 1 Hon.