Annual Report 2015/2016

Judicial Service Commission Annual Report 2015/16 JSCAnnual Report2015/2016 Pageiii LIST OF ACRONYMS AAPAM African Association for Public Administration and Management AAPComs Association of African Public Service Commissions AIC AIDS Information Centre EPA Education and Public Affairs ESAAG East and Southern African Association of Accountants Generals FA Finance and Administration FY Financial Year Go U Government of Uganda HIV Human Immunodeficiency Virus ICT Information, Communication and Technology IEC Information, Education and Communication IFMS Integrated Financial Management System JLOS Justice, Law and Order Sector JSC Judicial Service Commission Mo FPED Ministry of Finance, Planning and Economic Development Mo U Memorandum of Understanding MTEF Medium Term Expenditure Framework NDP National Development Plan PAS Principal Assistant Secretary PHRO Principal Human Resource Officer PLO Principal Legal Officer PPU Policy Planning Unit PRI Planning, Research and Inspectorate SHRO Senior Human Resource Officer SARO Senior Assistant Records Officer SUGAR Strengthening Uganda’s Anti Corruption Response SWAP Sector Wide Approach TASO The Aids Support Organization UAC Uganda Aids Commission Judicial Service Commission Annual Report 2015/16 I am delighted to present to our esteemed stakeholders this report on the performance of the Judicial st th Service Commission overtheperiod1 July 2015to30 June2016.This wasaneventfulperiodinthelifeof the Commissionandthenationatlarge. Itwasduringthisperiodthattheveryfruitfultermofofficeofthe Commissionchairedby Hon.Justice James Ogoola came to an end in February 2016. It was also during the same period the people of Uganda were called upon to decide on the leadership of the country. These two events affected the Commission in differentways;theformerinanimmediatesenseandthelatterinamannerthatstretchintothefuture. The expiry of the term of office of the Commission was anticipated and well prepared for. The Commission therefore fast tracked its recruitment activities and completed them within the seven months of its functionality in the financial year. It was no mean feat that the Commission was able to make 135 appointments of Judicial Officers to various posts within the courts of judicature. This was besides its other workintheareaofdiscipline,civiceducationandinspectionofcourts. The election of a new government ushered in a new set of commitments and a new way of conducting business. The Commission secretariat is ready and able to cope with these new demands, so long as the new Commissionisconstituted.Thisisourmostpressingneedatthispointintime. It would be unforgivable if this opportunity is not used to recognize and appreciate the Commission’s stakeholders, who have continued to consume and /or support the services provided by the Commission. It is only through the involvement of these stakeholders that the Commission was able to achieve what it did. Thestakeholderstowhomthe Commissionisgreatlyindebtedare: 1. The Governmentofthe Republicof Uganda; 2. The Parliamentofthe Republicof Uganda; 3. The Judiciaryandallotherinstitutionsinthe Justice,Lawand Order Sector; 4. Whereas our stakeholders take a big share of the responsibility for our success, any failures and weaknessesremainourown.Wepledgetoaddressthemaswegoalong. Inowinviteyoutoenjoyreadingthe Judicial Service Commission Annual Report2015/2016. Kagole E.Kivumbi PERMANENTSECRETARY/SECRETARY JUDICIALSERVICECOMMISSION August2016 FOREWORD JSCAnnual Report2015/2016 Pageiv Judicial Service Commission Annual Report 2015/16 The Annual Report of the Judicial Service Commission has been compiled to inform our stakeholders, especially members of the public, what has been achieved in the financial year 2015/2016. This is necessary because all that we do; we do so on behalf and for the wellbeing of the people of Uganda. This reportisstructuredintofourchapterstoeasepublicappreciationoftheoperationsofthe Commission. Chapter one introduces us to those stakeholders who may not have known what the Commission is all about. It points out the foundation of our existence as being Article 146 of the Constitution. It also provides our vision, mission, strategic objectives and the values we hold dear in the execution of our mandate. A picture of our hierarchical structure and the changes in staffing we experienced in the year in focus is painted. Chapter two delves into the actual activities carried out and what was achieved in relation to the JSC mandate.Atotal of 135 appointments, ranging from Justices of the Supreme Court to Magistrates Grade I, were made. We also conducted radio talk shows, sensitization meetings, prison inmates’ workshops and performance management workshops for Judicial Officers across the country. The Commission continued to register and process complaints against Judicial Officers and where Judicial Officers were proven beyond reasonable doubt to have erred, appropriate sanctions ranging from reprimand to dismissal were applied. Court inspections in 18 magisterial areas to assess the conditions of service and performance of Judicial Officers at various courts were carried out. The Commission also engaged opinion leaders and members of the public to rally them in the fight against corruption in the courts of judicature in particular and thejusticesystemingeneral. Chapter three presents what the Commission plans to undertake in the financial year 2016/2017. The Commission pledges to expeditiously fill all vacancies declared by the judiciary within four months of receiving submissions of such vacancies.The Commission undertakes to continue using the multimedia to educate members of the public on matters of the law and administration of justice. The introduction of civic education in secondary schools is a new approach that will be rolled out to impress upon young citizens the importance of being aware of the laws and judicial services structures of our country.The Commission shall continuetopursueerrant Judicial Officersbyadministeringfairandjustbutdeterrentsanctions. Chapter four relays the expanded mandate of the Commission and commitments of the newly re-elected government as some of the developments that will have implications on the operations of the Commission. These are in addition to challenges being experienced like; the absence of a fully fledged Commission, inappropriate and inadequate working space, lack of adequate tools and equipment, shortage of qualified and experienced staff, inequitable remuneration and facilitation among others, which affect attainment of the objectives of the Commission. The measures proposed to overcome those challenges to ensure optimum performance include; expeditious appointment of Commission members, granting of permission and resources to solicit office accommodation from the private sector, provision of sufficient tools and equipmentforexecutionofactivitiesandgrantingthe Commissionbodycorporatestatus. The functions of the Commissionaresetoutin Article147ofthe Constitution. Aneffectiveandefficient Judiciaryin Uganda,contributingtothepromotionoflawandorder 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 andaccesstojustice. To advise His Excellency the President in the exercise of his powers to appoint persons to hold or act in any ofthefollowingconstitutionallyspecifiedoffices,namely: The Chief Justice,the Deputy Chief Justiceandthe Principal Judge, The Justices of the Supreme Court, Justices of the Court of Appeal and the Judges of the High Court. Inaddition,subjecttotheprovisionsofthe Constitution,to: Appoint,confirmandpromote Judicial Officersintovariousmagisterialpositions. Reviewandmakerecommendationsonthetermsandconditionsofserviceof 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 theadministrationofjusticeandgenerallytoactasalinkbetweenthepeopleandthe Judiciary. Advise the Government on improving the administration of justice and perform any other functionsprescribedbythe Constitutionor Parliament. 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 requiredtoconsultthe Commissioninrespectoftheappointmentofthe Chairperson,Vice Chairpersonand Registrarofthe Electricity Disputes Tribunal. CHAPTER ONE INTRODUCTION JSCAnnual Report2015/2016 Page1 Judicial Service Commission Annual Report 2015/16 The Uganda Communications Act 1997 bestows upon the Commission powers to recommend to the Presidentpersonsforappointmentas Chairpersonand Membersofthe Uganda Communications Tribunal. The Tax Appeals Tribunal Act requires the Minister responsible for Finance to consult with the Judicial Service Commissioninappointingthe Chairpersonofthe 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 Procurementand Disposalof Public Assets Actasamendedprovidesforthe JSCChairpersonto be consulted by the Minister of Finance, Planning and Economic Development over the appointment of the Chairpersonofthe Public Procurementand Disposalof Public Assets Appeal Tribunal. The mandate of the Commission was expanded under The Constitutional (Amendment) Act, 2015 to provide for the Commission to appoint other staff of the Judiciary. This provision will be take effect once an enabling law is put in place by the Parliament. This development certainly has wide ranging implications on thebusinessofthe Commissionintermsofscopeandtheresourcesneededforitsfulfillment. 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 fromexternalinfluences,inducements,pressuresandthreats. 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 stakeholdersinthejusticesystem. Integrity: The Commission provides services that are reflective of the best practices that adhere to highmoralandethicalprinciplesofthelegalprofession.Thus,thebehaviourandconductofthe JSC staffexhibitsandpromoteshighstandardsofconfidentiality,judicialandpersonalintegrity. 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 personswithopennessandpromotessinceritywhiledealingwiththem. Equity:The Commissionensuresthatallpersonsreceiveequalprotectionbeforethelaw.The JSC, therefore, accords equal treatment to all persons without discrimination based on gender, color, race,ethnicity,religion,age,socialoreconomicstatus,politicalopinion,ordisability. 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 maximumsatisfactiontoconcernedpersons. Long Term Objectives Ensuringthatjusticeisimpartial,withinpeople’smeans,andeasytoaccessforallpersons. Achieving a high level of motivation by advocating for better working conditions and career developmentfor Judicial Officers. Medium Term Objectives Ensuring that the terms and conditions of service for the Judicial Officers are commensurate withtheirstatusandareadequatetoattractandretainhighcalibre Judicial Officers. Professionalizing the Lower Bench by upgrading all the positions of Magistrate Grade II to Magistrate Grade I. Increasingpublicawarenessandparticipationintheadministrationofjustice. Ensuringstrongdisciplineamongjudicialofficials Short Term Objectives Filling all vacant positions declared by the Judiciary with competent, ethically proven, disciplinedofficers; Interfacingwith Judicial Officerstopromotegoodgovernance; Establishing a coordinated public awareness programme to sensitize the public about the administrationofjusticeandtheirfundamentalhumanrights; Establishing an accessible public complaints mechanism through which the public can easily andcheaplychanneltheirconcernsandrecommendationsabouttheadministrationofjustice; Researching into the delivery of services within the judiciary with the aim of improving the administrationofjustice. 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 7 other members appointed by the Presidentwiththeapprovalof Parliament. Thesememberstakeupthefollowingoffices; Afull time Chairperson, who is a person qualified to be appointed as a Justice of the Supreme Court; ADeputy Chairperson (part time), who is a person qualified to be appointed as a Justice of the Supreme Court; JSCAnnual Report2015/2016 Page3 Judicial Service Commission Annual Report 2015/16 Six Members (part time), whose respective nomination is directly linked to specified stakeholder institutions, that is, one member from the Public Service Commission, two Advocatesnominatedbythe Uganda Law Society,onerepresentativeofthe Judiciary,andtwo membersofthe Public(notlawyers)nominatedbythe President; The Attorney General,whoisanex-officiomemberofthe Commission. st The term of office of the Commission expired on 1 February 2016, leaving us to operate without Commissionmembersinthelastfivemonthsofthefinancialyear. The overall responsibility of the Secretariat is to facilitate the Commission in delivering its Constitutional mandate. It is headed by a Permanent Secretary/Secretary to JSC and Accounting Officer.The Permanent Secretaryisresponsiblefor: Organizationandoperationoftheworkofthe Commission; Tenderingadvicetothe Chairpersoninrespectofthebusinessofthe Commission; Implementingthepoliciesofthe Governmentof Uganda; Ensuringproperexpenditureofpublicfundsbyorinconnectionwiththe Commission; Carrying out policy decisions of the Commission and the day-to-day administration and managementoftheaffairsofthe Commissionandthecontrolofallstaffofthe Commission. Arranging the business for and recording and keeping the minutes of all decisions and proceedingsofthe Commissionanditsmeetings. Performinganyotherfunctionassignedtohim/herbythe Commission The Secretariat is composed of two Directorates namely: Education and Public Affairs (EPA), as well as Planning,Researchand Inspectorate(PRI);anda Departmentof Financeand Administration(F&A). 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 Deputy Registrar is vacant after the promotion of the previous holder to the office of Registrar in thesame Directorate. Carryingout Civic Education Publishing Civic Education Materials on law and administration of justice i.e. Handlingthepublicrelationsfunctionofthe Commission Performinganyotherdutiesassignedbythe Commission. The other staff members include four Principal Legal Officers, four Legal Clerks and support staff. However, the positions of Registrar and one Principal Legal Officer are still vacant. The Directorate performs the following functions: Receiving and Processing peoples’ complaints and recommendations and investigating complaintsconcerningthe Judiciaryandtheadministrationofjustice Researching the terms and conditions of service of Judges and other Judicial Officers including Chairpersons,Membersand Registrarsof Tribunals. Researchingandmonitoringtheadministrationofjustice. Preparingproposalsfortheimprovementintheadministrationofjustice. Planning and coordinating programs of the Commission in liaison with other stakeholders in the Justice,Lawand Order Sector. Performinganyotherdutiesassignedbythe Secretary. The Department is headed by the Under Secretary. This department is charged with the responsibility of management support services to enable efficient and effective operations of the Commission to deliver on itsmandate.Itsfunctionsarelistedbelow: Executingthe Planning,budgetingandreportingfunctionofthe Commission, Ensuring compliance with financial, human resource and administrative regulations, policies andprocedures. Ensuringavailabilityoflogistics,vehicles,toolsandequipmentstostaff, Ensuringavailabilityofappropriateofficeaccomodationservicedwithutilities, Institutingappropriatecontrolstoensurevalueformoneyforallresourcesprovidedto JSC, Initiatingandformulatingappropriatepoliciesfor JSC, Secretariattothe Top Managementmeetings, A number of committees are in place to perform tasks that address specific core business of the Commission.Theseinclude:- 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 policiesforsubmissiontothe Commissionforapproval. JSCAnnual Report2015/2016 Page5 Judicial Service Commission Annual Report 2015/16 The Disciplinary Committee This Committee is charged with hearing disciplinary cases brought against errant Judicial Officers and accordingly recommends to the full Commission for the final action. Complaints are investigated and deserving cases are forwarded to the Disciplinary Committee for trial. The term of office of this committee also expired in February 2016, since it draws its membership fromthe Commissionmembers. 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 deliberate on the implementation of the JSC workplan. Legal Affairs Committee This is composed of all lawyers who are staff members of the Commission. Its function is to analyze and advise the Secretary on legal issues that arise during the execution of its mandate. It is chaired by the Registrar/PRI and the other members include the Registrar/EPA, all Deputy Registrars and all Principal Legal Officers(PLOs)withinthe JSC. Headsof Departments 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 weeklybasis. Contracts Committee The Commission has a fully fledged Contracts Committee constituted in compliance with the PPDA Act and regulations. This committee handles all procurement and disposal matters of the Commission. The committee sits at least once a month to scrutinize the monthly procurement and disposalreports.Itmaymeetmoreoftendependingonthe demandsatagivenperiodoftime, During the period under review, the Commission experienced a number of staff changes regarding transfers,andnewappointmentsashighlightedinthetablesbelow: 1.9 Staffing Changes JSCAnnual Report2015/2016 Page6 Judicial Service Commission Annual Report 2015/16 Table 1: Transfers to the Commission Mr. Kaima Godfrey Under Secretary Transferred on promotion from the Office of the President. Janet Apayi Okumu Assistant Commissioner Human Resource Transferred on promotion from the Ministry of Lands, Housing and Urban Development. Muhanga Martin Internal Auditor Transferred from the Ministry of Education, Science, Technology and Sports Ms. Amulen Aanyu Rose Personal Secretary Transferred from the Ministry of Lands, Housing and Urban Development Table 3: Officers who left service for other reasons Ms. Oboot Rosemary Office Typist None Left service on mandatory retirement. Musinguzi Patrick Legal Clerk None Left to join Uganda National Meteorological Authority Table 2: Transfers from the Commission Mr. Mungoma Nelson Principal Human Resource Officer None Transferred on promotion as Assistant Commissioner, Human Resource to the Education Service Commission Mr. Salaamu Ngobi Godfrey Principal Legal Officer None Transferred on promotion as Assistant Registrar to the Judiciary. Muhanga Martin Transferred to the Ministry of Finance, Planning and Economic Development. JSCAnnual Report2015/2016 Page7 Staffing Challenges Lowlevelsofstaffing 1.10 JSCBudget Structure A number of posts in the Commission have remained vacant for a long time. The posts of Registrar and Deputy Registrarhaveremainedvacantforoverthreeyears.Thisnegativelyimpactsontheperformanceof the Commission.Thisscenarioispartlyduetothefactthatithasnotbeeneasytoattractlawyersfromeither the private sector or other Government Departments given the different pay structures for the legal professionalsintheservice. During the year, Ministries, Departments and Agencies were restructured with the Commission’s establishmentrisingfrom72to112staffmembers.Keyamongthechangesusheredinbythenewstructure are; the introduction of posts of Senior Legal Officer and Legal Officer in the two technical directorates, as well as establishment of a Communications Unit in the Department of Finance and Administration. The implementationofthenewstructurewillnotcommenceinthefinancialyear2016/2017giventhattherewas no corresponding increment in the budget ceiling for wage, nonwage and development budget to support thenewstructure. In Financial Year 2015/2016, the JSC operated under four key Programmes with six contributing outputs as outlinedbelow: i. Programme01 Financeand Administration.Ithastwocontributingoutputs; a) Recruitmentof Judicial Officers b) Administrativeand Human Resource Support ii. Programme02 Educationand Public Affairs.Ithasonecontributingoutput; a) Publicawarenessand Participationin Justice Administration. Programme03 Planning,Researchand Inspectorate.Ithastwocontributingoutputs; a) Public Complaints System. b) Researchand Planningfor Administrationof Justice. Programme04 Internal Audit.Ithasonecontributingoutput; a) Productionof Quarterly Audit Reports. The bulk of these outputs contribute towards the second Justice, Law and Order Sector Outcome in the Strategic Plan of “enhancing access to Justice, Law and Order Sector services particularly for the vulnerablepersons”. Table 4: New Staff Members in Financial Year 2015/16 Ms. Namayanja Gertrude Batemyeto Senior Policy Analyst Ms. It should be noted that the Commission received supplementary release for payment of pensions, making budget under non wagerecurrenttobesupersededbytherelease. The Commissiondidnotspendallthefundsreleasedtoitunderdifferentitemsdueanumberoffactors.The shortfall in the expenditure on wages was due to unfilled posts in JSC. The funds released under non wage recurrent were not wholly utilized due to the expiry of the term of office of most members of the Commission in February 2016. Most of the unspent funds were meant to pay retainer fees to Commissioners and facilitate Commission meetings. In the absence of the Commission the funds remained unspent at the end of the financial year. The development funds were not fully spent because the tax on purchase of a vehicle waslessthanwhathadbeenestimated. JSCAnnual Report2015/2016 Page9 Judicial Service Commission Annual Report 2015/16 2,383,135 3,432,674 Table 6: Appropriation of funds per output for FY 2015/2016 (GOU) In the FY2015/2016, the biggest allocation (45.4%) was allocated to recruitment of Judicial Officers.This is because this function is the core purpose for which the Commission exists and most other functions of the Commissionaredependentontheavailabilityof Judicial Officers. The Commission also received financial support through the JLOS SWAP arrangement in the FY 2015/2016. Under this arrangement, JSC had an initial budget of UGX 646,620,000/= out of which UGX 505,420,000wasreleased. The least budget allocation was for anti corruption activities(2.1%). The table below summarizes the Medium Term Budget allocations for the Judicial Service Commission. Table8:MTEFProjections Overviewof Vote Expenditures(UShs Billion) 2.2 Snapshotof Medium Term Budget Allocations Source:Judicial Service Commission,Budget Framework Paper FY2016/17. The Commission expectsagradualincreaseintheresourcesoverthemediumterm.However,therewillbe need for a drastic upward adjustment in the figures, if we are to implement the recently approved staff structure and embrace the expanded recruitment mandate provided for in the recent constitutional amendment. The core function of JSC is to recommend to the President persons to be appointed Judges and Registrars. It directly appoints Deputy Registrars, Assistant Registrars, Chief Magistrates and other Judicial Officers into various magisterial positions. The Commission advertized and held interviews for the filling of vacanciesfor Judicial Officerswhichhadbeendeclaredbythejudiciary. This culminated in the appointment of five Justices of the Supreme Court, seven Justices of the Court of Appeal, seven Judges of the High Court and 21 Deputy Registrars of the Courtsof Judicature. The Commission also appointed five (5) Assistant Registrars, 26 Chief Magistrates, two Senior Principal Magistrate Grade 1, four Principal Magistrate Grade 1, two Senior Magistrate Grade I, and 56 Grade I Magistratesandconfirmedinappointmentfive Judicial Officers. In the interest of gender parity, it is important and fulfilling to report that the female gender constituted 46% ofalltheappointmentsrecommendedand/ormadebythe Commission. The table below summarizes the appointments made by position and gender during the financial year 2015/2016. Table9:Statisticson Appointmentof Judicial Officers Position No. Senior Principal Magistrate Grade 1 1 1 2 8. Justice Augustine Nshimye Sebutulo Justice of the Supreme Court 2. Justice Lillian Ekirikubinza Tibatemwa Justice of the Supreme Court 3. Justice Rubby Opio Aweri Justice of the Supreme Court 4. Justice Eldad Mwangushya Justice of the Supreme Court 5. Justice Faith Mwondha Justice of the Supreme Court Table 11: List of Persons Appointed as Justices of the Court of Appeal No. Justice Alphonse Owiny Dollo Justice of the Court of Appeal 2. Justice Elizabeth Musoke Justice of the Court of Appeal 3. Justice Simon Byabakama Justice of the Court of Appeal 4. Justice Catherine Bamugemereire Justice of the Court of Appeal 5. Justice Cheborion Barishaki Justice of the Court of Appeal 6. Justice Hellen Obura Justice of the Court of Appeal 7. Justice Paul Mugamba Justice of the Court of Appeal Table 12: List of Persons Appointed as Judges High Court No. Justice Zeija Flavian Judge of the High Court 2. Justice Ann Mugenyi Bitature Judge of the High Court 3. Justice Moses Kawumi Kazibwe Judge of the High Court 4. Justice Ketra Katunguka Judge of the High Court 5. Justice Oyuko Anthony Ojok Judge of the High Court 6. Justice Susan Okalany Judge of the High Court 7. Justice Mubiru Stephen Judge of the High Court The tables below show the details of the appointments and confirmations made during the reporting period: JSCAnnual Report2015/2016 Page13 Judicial Service Commission Annual Report 2015/16 Table 13: List of Persons Appointed as Deputy Registrars No. Nassuna Flavia Matovu Deputy Registrar 8. Kazaarwe Olive Mukwaya Deputy Registrar 12. Busingye Immaculate Deputy Registrar 13. Khainza Eleanor Mary Deputy Registrar 21. Muse Musimbi Samuel Lawelson Deputy Registrar Table 14: List of Persons as Appointed as Assistant Registrars No. Atingu Beatrice Stella Assistant Registrar 4. Ssalamu Ngobi Godfrey Assistant Registrar 5. Ayebare Tumwebaze Thaddeus Assistant Registrar 6. Rosemary Assistant Registrar JSCAnnual Report2015/2016 Page14 Judicial Service Commission Annual Report 2015/16 Table 15: List of Persons as Appointed as Chief Magistrates No. Kisakye Mary Lukwago Chief Magistrate 3. Mushabe Alex Karocho Chief Magistrate 4. Matenga Dawa Francis Chief Magistrate 6. Ereemye Jumire James Chief Magistrate 7. Ayo Miriam Eddy Okello Chief Magistrate 9. Ssempala Dorothy Lwanga Chief Magistrate 11. Nasambu Esther Rebecca Chief Magistrate 16. Wekesa John Patrick Chief Magistrate 21. Kintu Simon Zirintusa Chief Magistrate 22. Sayekwo Emmy Geoffrey Chief Magistrate Table 16: List of Persons as Appointed as Senior Principal Magistrate Grade I No. Chemeri Jessica Senior Principal Magistrate Grade I 2. Yeteise Charles Senior Principal Magistrate Grade I JSCAnnual Report2015/2016 Page15 Judicial Service Commission Annual Report 2015/16 Table 17: List of Persons as Appointed as Principal Magistrates Grade I No. Hatanga Harty Juliet Principal Magistrate Grade I 2. Nakitende Juliet Principal Magistrate Grade I 3. Mukanza Robert Principal Magistrate Grade I 4. Nuwagaba Stella Principal Magistrate Grade I Table 18: List of Persons as Appointed as Senior Magistrates Grade I No. Tuhimbise Valerian Senior Magistrate Grade I 2. Amabilis Stella Senior Magistrate Grade I Table 19: List of Judicial Officers Confirmed in Service No. Gakyaro Mpirwe Allan Grade I Magistrate 3. Kyomugisha Evelyn Setrina Grade I Magistrate 5. Nyipir Odokorwot Grade II Magistrate Table 20: List of Newly Appointed Magistrates Grade I No. Alioni Emmanuela Drajole Grade I Magistrate 5. Murangira Tanazio Hillary Grade I Magistrate 10. Nyipir Fortunate Grade I Magistrate JSCAnnual Report2015/2016 Page16 Judicial Service Commission Annual Report 2015/16 11. Atim Sheilla Gloria Grade I Magistrate 17. Namayanja Naziifah Grade I Magistrate 18. Seluwo Banjamin Martin Grade I Magistrate 19. Tumuhimbise Nause Grade I Magistrate 21. Tibayeita Edgar Tusiime Grade I Magistrate 27. Tukundane Patient Lorna Grade I Magistrate 34. Niyokwizera Emmanuel Grade I Magistrate 35. Lamuno Patience Elizabeth Grade I Magistrate 38. Kibuuka Christian Grade I Magistrate JSCAnnual Report2015/2016 Page17 Judicial Service Commission Annual Report 2015/16 44. Akankwasa Edward Kabayo Grade I Magistrate 49. Ainembabazi Doreen Grade I Magistrate 51. Abiti Samsom Loum Grade I Magistrate 54. Kayiza Elias Abdallah Grade I Magistrate The Commission was well aware of the impending expiry of its term of office. It therefore exerted maximum effort towards the filling of declared vacancies. What it achieved in the seven months of its operations in the financialyear,istestimonytolevelofdevotionexhibitedinexercisingthepublictrustconferreduponit. 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 the Directorate of EPA runs radio programmes, produces and disseminates IEC materials, holds sensitization meetings and holds prison inmates workshops. The Directorate also conducts performance managementworkshopstargeting Judicial Officersinvarious High Court Circuits. The Commission conducted a total of 36 hours of radio talk shows on various radios in many places across thecountry. The radio talk shows where held in; Masindi, Lira, Arua, Kabarole, Gulu, Kabale, Kampala, Kamwenge, Ibanda, Kiboga and Kiruhura Districts. The radio talk shows focused on the functions of JSC, succession law,landlawanddomesticrelationslaws. The Commission printed various Information, Education and Communication (IEC) materials to promote public awareness and increase utilization of judicial services. We printed and disseminated 4,072 copies of Citizens Handbook. The handbook explains the roles of the different institutions under JLOS and how they can be contacted in case of complaints. The handbooks were given to local authorities at districts, sub countiesandtowncouncils,aswellastosomeindividualmembersofthepublic. 2.3.1 Civic Education Radio Talk Shows IECMaterials JSCAnnual Report2015/2016 Page18 Judicial Service Commission Annual Report 2015/16 Sensitization Meetings The Commission held 16 sub county civic education meetings in Maracha, Koboko, Dokolo, Masindi, Mityana and Kalangala Districts. During the meetings, local leaders were sensitized on the role of JSC and onlawsrelatingtosexualoffences,landdisputesandsuccession. The table below shows the districts, municipal divisions, sub counties and town councils in which the meetingswereheld. Table21:Listof Town Councilsand Sub Countieswhichhosted Civic Educationmeetings No. Town Council/Sub County/Municipal Division 1. Kalangala Town Council JSCAnnual Report2015/2016 Page19 Judicial Service Commission Annual Report 2015/16 Civic Educationin Schools Prisons Inmates’Workshops Performance Management Workshops Reference Materials When the plan to introduce civic education in secondary schools in the financial year 2016/2017 was approved, the Directorate of Education and Public Affairs took the initiative to pilot this activity in one secondary school. A very successful sensitization meeting was therefore held at Bweranyangi Girls’ High School in Bushenyi District. During the meeting over one thousand school girls were sensitized about the judicial system in Uganda and the role of the Judicial Service Commission.The experience gained from this meeting will help the Directorate to develop IEC materials and roll out the approach to many secondary schoolsinthefinancialyear2016/2017. The Commission recognizes that some of the biggest victims of weaknesses of our justice system are to be found behind our well guarded prison walls. The Commission also acknowledges that the prisoners are entitled to some rights like any other citizen. The Commission therefore engaged the Prisons authorities to allowinterfacewithprisonerstosensitizethemontheirrightsandlistentosomeoftheirconcerns. The Commission therefore organized and held five (5) prison inmate workshops at; Nakasongola Prisons in Nakasongola District, Mityana Prisons in Mityana District, Pallisa Prisons in Pallisa District, Ragem Prisons in Nebbi District, Morukatipe Prisonsin Tororo District. The Commission held three performance management workshops for Judicial Officers in Arua, Lira and Kabale High Court Circuits. The workshops were meant to sensitize and empower the Judicial Officers to manage court business effectively. The workshops focused on good performance management practices such having schedules of duties for all staff, making performance plans with clear outputs, targets and indicators. The Judicial Officers were also sensitized on the need for cooperation with other government offices without compromising judicial independence. The workshops emphasized the need for attendance registers for staff, regular staff meetings and internal disciplinary mechanisms to control the excesses of somewaywardstaffmembers. The Judicial Officerswereabletoacquiresomesupervisionandcourtmonitoringskills.Theywerealsoable to identify the linkage between routine court activities and the vision of the Judiciary to achieve ‘Justice for All’. The Commission has a resource centre which is meant to provide sufficient reference materials for lawyers, bothwithinandoutside,andmembersofthepublic.Wethereforeendeavourtohavealllawsof Ugandaand relatedpublicationsforeasyreference. The Commissioncontinuedtoupdatetheresourcecentreinlinewiththegoaltohaveaone-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 laws and reference books from Uganda Law Reform Commission. We also maintained our subscription to the Uganda Gazette to ensure thatwepromptlyreceivegovernmentdecisionsandcommunicationonvariousmattersofpublicinterest. JSCAnnual Report2015/2016 Page20 Judicial Service Commission Annual Report 2015/16 2.3.1 Public Complaints System Registrationof Cases The Commission operates a public complaints system which is meant to gather complaints about court processes from members of the public. This is borne out of recognition that Judicial Officers wield a lot of authority which some of them are often tempted to abuse. This is made worse by the fact that many court users are ignorant of standard court procedures and their rights therein. The public complaints system that we operate therefore serves two purposes at ago; empower court users to exercise their rights and check abuseofauthorityandjudicialmisconductamong Judicial Officers. The Commission registered a total of 102 complaints against Judicial Officers during the period under review. The complaints were received through the five established channels which included; physical visit toouroffices,useofsuggestionboxesatlocalgovernmentoffices,useoftollfreetelephonelines(0800100 221 and 0800 100 222), use of postal service (P.O Box 7679, Kampala) and email ( info@jsc.go.ug ). However, it emerged that the toll free telephone lines have fast become the preferred medium for registrationofcases. The Commission received a total of 5,980 calls from all over the country, out of which 5,515 were relevant in the period July 2015 to June 2016.The table below shows the geographical distribution of the relevant calls receivedatthe Commissionthroughitstollfreetelephonelines. The numbers of calls were influenced by the level of awareness in the different areas and presumably the performance of courts inthoseareas. It should be noted that not all calls received were for purposes of registering complaints. The issues raised throughthesecallsrangedfromseekinglegaladvicetoexpressionofappreciation.Findinthetablebelowa summaryoftheissuesraisedthroughthecalls: No. Central 1,585 Kyankwanzi, Kayunga and Wakiso 2. Eastern 1,477 Iganga, Mbale and Mayuge 3. Western 1,456 Kibale, Kamwenge and Masindi 4. Northern 997 Nebbi, Lira and Zombo Total 5,515 JSCAnnual Report2015/2016 Page21 Judicial Service Commission Annual Report 2015/16 Table 23: Summary of Issues Raised through Toll free Calls No. Expression of Appreciation to JSC 184 6. Calls on Issues outside JSC Mandate 465 Total 5,980 In respect to calls on issues which were outside its mandate, the Commission adopted a referral system wherecallerswereadvisedonthewheretodirecttheircomplaintswithinthe Justice,Lawand Order Sector. The Commission investigated 307 complaints spread across 56 districts during the year. The locations wheretheinvestigationswerecarriedoutareasshownherebelow: Table24:Districtswhere Investigationswerecarriedoutby Region Investigationof Cases Districts in Central Districts in Eastern Districts in Western Districts in Northern Kiboga Kapchorwa Masindi Lamwo Nakaseke Bukwo Kibale Gulu Mityana Mbale Kasese Pader Luweero Tororo Kabarole Moyo Wakiso Mayuge Kamwenge Arua Mubende Buyende Bushenyi Nebbi Mukono Iganga Mbarara Kitgum Buikwe Busia Mitooma Amuru Kayunga Jinja Kiryandongo Lira Kalungu Pallisa Bundibugyo Otuke Mpigi Kumi Kyenjojo Alebtong Masaka Soroti Ntoroko Kalangala Kaberamaido Hoima Sembabule Ngora Bullisa Lyantonde Bugiri Sheema JSCAnnual Report2015/2016 Page22 Judicial Service Commission Annual Report 2015/16 Disciplinary Measures The Disciplinary Committee held 7 meetings to consider complaints that were raised against Judicial Officers.Thesummaryoftheperformanceofthedisciplinaryfunctionisindicatedonthetablebelow. Table25:Summaryof Disciplinary Activitiesin FY2015/2016 Sensitization Meetings The Directorate of PRI held nine sensitization meetings at lower local governments to popularize the JSC publiccomplaintssystem.Themeetingswereheldin Mubende,Kyenjojoand Luweero Districts. Thetablebelowdetailstheareaswherethemeetingstookplace: Table26:Listof Placeswhere Sensitization Meetingswere Held No. Thetablebelowshowsthemagisterialareasandcourtswhereinspectionswereundertaken. Table 27: List of Magisterial Areas and Courts Inspected No. Katunguru Grade II Magistrate’s Court 5. Kichwamba Grade II Magistrate’s Court 6. Nyarushanje Grade II Magistrate’s Court 6. Nyakishenyi Grade II Magistrate’s Court 7. Moyo Chief Magistrate’s Court JSCAnnual Report2015/2016 Page24 Judicial Service Commission Annual Report 2015/16 7. Nabiswera Grade II Magistrate’s Court 3. Lwampanga Grade II Magistrate’s Court 10. Bukomero Grade II Magistrate’s Court 11. Mayuge Grade I Magistrate’s Court JSCAnnual Report2015/2016 Page25 Judicial Service Commission Annual Report 2015/16 14. Kagadi Grade I Magistrate’s Court The reports of the findings during these inspections are being consolidated and will be shared with key stakeholders. However,thekeyfindingsfromtheexercisewereasfollows: The welfare of Judicial Officers, especially the Magistrates Grade I who did not receive salaries for five months after deployment, was a grave matter of concern to the Commission and all stakeholders of goodwill. It was hard to ponder how the Judicial Officers managed to survive, some in hard to reach areas, without access to this modest entitlement.All stakeholders should closerankstoavoidarepeatofasimilarsituation. The inspection exercise also discovered that the Grade I Magistrates were deployed without any induction. Given that many of them were posted to head courts in different areas with no senior colleagues for guidance, this turned out to be a baptism of fire of sorts. No wonder many such courts had many simple management challenges which would have been pre-empted duringaninductionexercise,beforedeployment. JSCAnnual Report2015/2016 Page26 Judicial Service Commission Annual Report 2015/16 The construction of court buildings in some areas had taken too long to be completed. The most prominent one being the court building at Lamwo District Headquarters which had taken over four years and seen change of contractors three times, but was yet to be completed. Where court buildings were in place and in use, some were incomplete or poorly built which required remedial action like in Adjumani ,Nebbi, Pader and Apala(Alebtong). Even some court buildings which had been properly constructed now need renovation like in Kitgum, Apac and Amolatar. The court buildings in Adjumani were constructed without ring beams and had consequently developedhugecrackswhichneededimmediateremedialintervention. There were also a number of courts operating in rented buildings which were largely unsuitable for court work. In this category were; Mityana Chief Magistrate’s Court, Buliisa Grade I Magistrate’s Court, Biiso Grade 1 magistrate’s court, Mayuge Grade I Magistrate’s Court. Other courts operated from buildings belonging to local authorities, some without any tenancy agreements or Mo Us. The Lamwo Grade I Magistrate’s Court was evicted from a building belonging to Padibe Town Council, forcing the Magistrate to carryallthefilesbackto Kitgum Chief Magistrate’s Court. Thestateofsanitaryfacilitiesinmostcourtsleftalottobedesired.Insomecourts,theflushtoilet systemshadcollapsedwhilethepitlatrinesforcourtuserswereinasorrystateorinsomecases had collapsed. Court users in Pader had no latrine after the only one constructed next to an anthill prematurely collapsed, and the police authorities denied them access to a latrine situated on the police premises nearby. Meanwhile, court staff relied on facilities at the Prosecution Offices located on the same premises after a system malfunction left them without a functioning toilet. Most upcountry courts were understaffed with attempts to bridge the gaps leading to engagement of many employees on contract and voluntary basis. Whereas it could be appreciated as a noble attempt at addressing pressing needs, there seemed no immediate intentiontohavethesepersonsregularizedinthepublicservice. The courts were very poorly facilitated. The operational funds sent to courts were not only grossly insufficient, but also unpredictable. This left many courts unable to meet some of the most basic of their operational needs. This led to many Judicial Officers failing to conduct the highly needed locus visits in the process of hearing land cases. This inevitably led to delay of cases, accumulation of backlog and reduction of confidence in the court processes by court users. Poor facilitation made upcountry courts to rely on the headquarters for routine supplies such as paper, toner cartridges etc. There were functioning courts which were not being facilitated at all leaving the Judicial Officers to grapple with the challenges of keeping them running.Acaseinpointwas Biiso Grade IMagistrate’s Courtin Buliisa District. JSCAnnual Report2015/2016 Page27 Judicial Service Commission Annual Report 2015/16 Most upcountry courts did not have reliable means of transport to facilitate the work of the Judicial Officers.The few courts with vehicles relied on the headquarters for even minor repairs. Once vehicles were taken to headquarters for repairs, they would take long to be worked on and takenbacktothestationswheretheywerebadlyneeded. Staff performance appraisal was being poorly done in most courts. Staff members did not have written schedules of duties nor did they have performance targets and indicators. In most courts thereforecourtstaffinvolvedthemselvesinroutineactivitieswithoutlinkingtheseactivitiestothe achievement of targets and goals.The poor performance management culture in court was best typified by the absence of best practice such as maintenance of attendance registers for staff, schedules of staff meetings and management plan for suggestion boxes available at the courts. Therewerenointernaldisciplinarysystemswithinthecourtstoreininerrantstaffmembers. The problem of case backlog continued to afflict most courts with many suspects of capital offences languishing in neighbouring prison facilities waiting for criminal sessions, which were far in between, to be arranged. For example, the number of prisoners in selected prison facilities awaiting trial after committal to High Court were as follows; Rukungiri ? Delay to try these cases not only worsened the case backlog situation,butalsoledtomassivecongestioninprisonfacilitiesacrossthecountry. In areas with a multi ethnic population such as Kiryandongo, Kayunga and the lake shores, language barrier was found to be one of the key factors hindering access to justice. This called forengagementofmanyinterpreterstohelpthepopulationtoaccessjustice. The Commissionsuccessfullyheldthreeanticorruptionbarazasin Isingiro,Mbaleand Kapchorwa Districts. The barazas were used to get feedback on the performance of the courts in the areas, the manifestation of corrupt practices in the court processes as well as to sensitize the participants on the available options to addresschallengesandobstaclestoaccesstocourtservices. In order for the above key activities to take place, various administrative and human resource support activitieswereundertaken.Thefollowingwasachieved: 7routine Commissionmeetingswerefacilitated. 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 collection services were undertaken, corporate wearwasdeliveredtostaffand JSCwebsitedomainwasrenewed. The IFMS equipment was competently maintained and this allowed submission of complete, accurateandtimelyquarterlyfinancialreportsthroughouttheyear. Anti Corruption Activities 2.3.5 Administrativeand Human Resource Support JSCAnnual Report2015/2016 Page28 Judicial Service Commission Annual Report 2015/16 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, th asaresult,beenabletopayallstaffsalariesbeforethe28 ofeverymonth. The work plan and budget for Financial Year 2016/2017 was made and duly approved in a participatoryprocess. The JSC Strategic Investment Plan for the period 2015/2016 to 2019/2020 was made after wide consultations.Itisalsodueforapprovalbythefull Commission. The Judicial Service Commission Risk Management Policy was drafted and is due for approval by the Commission. The Commission continued to implement the HIV/AIDS workplace policy by organizing HIV sensitization meetings. The HIV Workplace Committee was trained at the TASO Training Centre at Kanyanyaonapproachestoaddressthe HIVchallengeattheworkplace. 1000copiesofthe Annual Report2014/15wereprintedanddisseminated. The Commission carried out monitoring and evaluation exercises in Mityana, Nakaseke, Bushenyi, Mbarara, Soroti, Pallisa, Kamuli, Buyende, Serere, Ngora, Namayingo, Mayuge,Amolatar, Dokolo, Kayunga and Buikwe Districts. These exercises were meant to assess the performance of the Commission in areas of recruitment, discipline and civic education from the point of view of Judicial Officers and members of the public. They were also aimed at gauging the public’s opinion on the performance of courts in their areas and the quality of Judicial Officers recruited by the Commission to work in these courts. We also sought to discover the general and unique conditions that could undermine the performance of courts generally and the effectiveness of the Judicial Officers in particular. There was general lack of knowledge among Judicial Officers on the criteria being used to promote Judicial Officers.Amajormatterofconcernwasanapparentpreferenceforlawyersfromoutsidethe judiciary for higher positions in the Courts of Judicature. There was even doubt that excellent recordsofpastperformanceplayedanysignificantroleinearninganofficerapromotion. The Courts were not operating at their optimum levels because of many and varied factors key among them being; understaffing, poor facilitation, low morale among staff in hard to reach areas andnoninductionofanddelayofsalariesfornewlyappointed Judicial Officers. The operation of the District Coordinating Committees under the chain link arrangement was not consistent. Whereas in some magisterial areas the committees were alive and well, in others the committeeswereailingortotallydormant.Inthelattercase,therelationshipbetweenthecourtsand localauthoritieswerefoundtorangefromcoldtohostile. 3.6 Monitoringand Evaluation Exercises Theseexercisesrevealedamongothersthefollowing; JSCAnnual Report2015/2016 Page29 Judicial Service Commission Annual Report 2015/16 iv. The programme to educate members of the public through radio programmes was found to reach a big number of members of the public. However, the holding of sensitization meetings was found to have very narrow coverage.Asituation where there were about 1,400 sub counties of which only 16 were covered, left a lot to be desired and calls for a review of the sensitization approach. Neverthelesswhenallistakenintoaccount,therewasanincrementinthelevelofpublicawareness reflectedbytheriseinthenumberofreportedcomplaintsanduseoftollfreetelephonelines. The exercise of disciplinary powers of the Commission was increasingly being seen to be biased against the junior Judicial Officers. Whereas some corrective and deterrent actions were seen to be taken against the junior Judicial Officers, no actions – even where there were just reasons – were known to be taken against senior Judicial Officers. The Commission was therefore being seen to adoptapracticeofchoosingthelinesofleastresistanceintheperformanceofitsdisciplinaryrole. In the Financial Year 2015/2016, the Internal Audit Unit was able to produce two quarterly reports on the physical and financial performance of the Commission highlighting areas where improvements needed to bedone. However, it should be noted that there was a change of personnel in this unit in the middle of the financial year.This brought about needless instability that undermined the production of regular and well thought out reports. Despite the hiccups, the Internal Audit Unit 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 staffing with appropriately skilled human resource, retooling and general facilitation to enable it to continue toperformitsverycriticalroleintheguidanceofriskmanagementprocesses. Intheyearunderreview,JSCpurchasedthefollowingitems; One Station Wagon Vehicleforthe Commission Chairperson, Eight Executive Chairs, Five Executive Office Desks, Four Filing Cabinets, Four Desk Top Computers, Two Lap Top Computers, Three Printers, Twentyfive Telephone Desk Sets,and One Spiral Binding Machine. The Judicial Service Commission, using the resources available, will continue to perform its core mandate of recruitment, educating the public and disciplining Judicial Officers as well as related activities like advising government on the terms and conditions of service for Judicial Officers, advising government on matters of the law and administration of justice and spearheading the anti corruption effort in the Justice, Lawand Order Sector. The Commission expects to receive a total of Shs 4,046,460,000 (Four billion, forty six million, four hundred and sixty thousand only) through Government of Uganda and JLOS SWAP funding. The Commission has also signed a Memorandum of Understanding with SUGAR (Strengthening Uganda’s Anti Corruption Response) Project which will support specific aspects of the Commission’s operations. The support will focus on improving the disciplinary processes at the Commission and will involve training of investigators andfacilitationof Disciplinary Committeemeetings. This is the item under which the overhead costs are to be met as well as the wage bill of the Commission.The overhead costs include utilities bills and property costs. It will also cater for costs of maintenance of office equipment and the Commission fleet.This is also the item fromwhichexpensestowardsstaffwelfareissuesaredrawn The allocation for public complaints system will cater for investigation of cases against Judicial Officers and facilitation of disciplinary committee meetings. The allocation for public awareness will be expended on sensitization of the masses through radio talk shows, sensitization meetings at schools, prisons and sub counties, as well as production of IEC materials.The bulk of the development budget will utilized to procure a vehicle for civic education activities; meanwhile the remainder will be channelled toward acquisition of toolsandequipmentforofficeoperations. The least funds are to go to Internal Audit. This will be spent on collection of data on the performance of various Commission activities and the production of quarterly internal audit reports with recommendations for improvement. Internal Audit is a small output area in the budget and it has only one staff member at the moment.Thisexplainsitssmallbudgetaryallocation. Court Inspections and Recruitmentof Judicial Officerswilltake5.4%and4.1%respectively. The JSCActivitiesfor FY2016/2017havebeencategorizedundersevenkeyoutputsnamely: The Commission plans to fill all declared vacancies of Judicial Officers on the lower bench within a period of threemonthsfromthedateofdeclaration.Wealsoplantomakerecommendationsforthefillingofpositions 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 check on all eligible candidates for appointment to the higher bench, prior to making recommendations for appointment to the Appointing Authority. This is the reasonittakeslongertotakedecisionsonpersonstoberecommendedforappointmenttothesepositions. We also intend to confirm all eligible Judicial Officers depending on the submissions forwarded by the Judiciary. In order to accomplish this, the Commission plans to run four job advertisements in the national media and holdmeetingsforshortlisting,interviewsandconfirmations. 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 publicconfidenceinthecourtsofjudicatureinparticularandthejusticesystemingeneral. The Commission acknowledges that it has been a while since the existing Regulations governing the disciplinary processes at the Commission were put in place. There is therefore an ongoing effort to revise these Regulationstobringthemuptospeedwithchangedcircumstancesandevolvingservicestandards. 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 FY2016/2017are: a. Physical Registration We encourage all persons who have suggestions or complaints about the courts, and are able, to physicallyvisitourofficeson Plot6/8Parliament Avenue,Farmers House,Ground Floor,Kampala. Useof Toll Free Telephone The Commission has installed two toll free telephone lines for use by members of the public.These linesareattendedtoeveryworkingdayfrom8.00amto5.00pm,withalunchbreakfrom1.00pmto 2.00pm.Thenumbersare;0800100221and0800100222. Useof Suggestion/Complaints Boxes The Commission has over the years installed suggestion/complaints boxes at district, municipal council, and town council and sub county offices. The Commission will continue to have a programmeofretrievingcomplaintsfromtheseboxesonamonthlybasis. Postal Services We encourage persons who have access to postal services to write and post their complaints to: The Secretary,Judicial Service Commission P.OBox7679,Kampala. Electronicmailservices The Commission has a vibrant website and an email address through which we can be contacted. Pleaseemailyoucomplainttoinfo@jsc.go.ug.Youcanalsofindasatwww.jsc.go.ug. Weprojecttoregisteratotalof160newcomplaintswhichwillallbesubjectedtotheestablishedprocessfor appropriate resolution. We undertake to acknowledge receipt of all complaints and to keep the complainantsinformedoftheprogressoftheircomplaints. 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 errant Judicial Officers. The Commission will ensure prompt handling of complaints received through any of the five routes listed above. In the FY2016/2017, the Commission plans to make 12 investigation trips during which we target to investigate 200 cases. The investigations will be expeditiously done and the findings handed over to the disciplinarycommitteeforfurtherprocesses.Itshouldbeobservedthatwehaveuninvestigatedcasesfrom 2015/2016 and this explains the variance between projected cases to be registered and cases to be investigated. The Commission also intends to keep all complainants up to date with the progress of their cases. This will beachievedthroughregularfeedbackcommunicationtothecomplainants. Sensitization Meetingson Public Complaints System Investigationof Cases JSCAnnual Report2015/2016 Page34 Judicial Service Commission Annual Report 2015/16 Disciplinary Committee Meetings Disciplinary Committee Retreat 3.3 Public Awarenessand Participationin Administrationof Justice Radio Talk Shows Sensitization Meetings Prisons Inmates Workshops Publicationand Disseminationof IECMaterials The Commission will hold 22 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. In some cases, Judicial Officers may be required to appear for interface with the committeetoclarifyonsomegreyareasbeforedecisionscanbetakenonthenextsteps. The Commission undertakes to meet all the expenses incurred by the complainants and the complainants’ witnesses. In the FY2016/2017 we estimate a total of 24 complainants and 48 complainants’ witnesses will berequiredtoappearbeforecommittee. Weplantoholdone Disciplinary Committeeretreatlastingfivedaystoenableusclearthecasebacklogthat has continued to grow due to heightened public awareness leading to increased use of the public complaintssystem. The Commission will conduct public awareness campaigns on matters of the law and administration of justice through 36 radio talk shows in different parts of the country. The talk shows are to address succession law, mob justice, witchcraft and domestic violence among other issues that affect societal wellbeing. 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 on matters of the law and administration of justice, with the aim of making them change agents by way of passing on the information to the grassroots andtherebyinfluencethejusticeseekinghabitsofthepublic. The Commission will also hold four district level sensitization meetings in the course of the year. This will targetnewlycreateddistrictsof Omoro,Rubanda,Kagadiand Kakumiro. The Commission will continue to hold four Prisons Inmates Workshops in selected prison facilities across the country. The workshops are meant to inform the prisoners of their rights and remind the prisons authoritiesoftheirresponsibilitiesinrespectingtherightsandpromotingthewelfareofprisoners. The Commission plans to print and disseminate three (3) million copies of brochures, fliers, posters and stickers.Thiswillinvolveproductionofnewbrochuresandrevisionoftheexistingones. JSCAnnual Report2015/2016 Page35 Judicial Service Commission Annual Report 2015/16 The Commission will also roll out a programme of civic education in schools. A simplified version of the Citizens Handbook will be produced to suit the knowledge needs of students in secondary school. This will be called the ‘Student Handbook on Law and Administration of Justice in Uganda’. We plan to print 4,000 copiesofthebookfordisseminationtoschoolsaroundthecountry. The Commission will hold four one-day seminars for Judicial Officers on performance management, discipline and general good management practices. The seminars will take place in High Court Circuits in thefourtraditionalregionsof Ugandawhichhavenothadthechancetohostsuchseminarsbefore. The Commission plans to inspect courts in fourteen (14) magisterial areas in the FY 2016/2017. The inspectionsaremeanttoacquaintthe Commissionwiththeconditionsunderwhich Judicial Officersworkin 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 goodpracticesexpectedofinstitutionsunderthepublicserviceof Uganda. The Commission will hold seven anti corruption barazas in seven districts of Uganda. During these meetings we will engage the public, advocates, and Judicial Officers and other JLOS stakeholders regardingperceivedcorruptioninthe Judiciary. The Commissionalsoplanstoproduceanddisseminateanticorruption IECmaterials.Thiswillbeinformof charts, brochures, fliers and stickers. This, we hope, will sensitize and galvanize the public as the key stakeholderinthefightagainstcorruption. 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 thesebodies.Itwillalsohelpthe Commissiontocontinuereceivingprofessionaljournalsandotherrelevant publications. In the long run, JSC will need to cultivate professional relations with the various Judges and Magistrates Associationsof Uganda,East Africaandthe Commonwealth. The Commission intends to have the Policy Planning Unit strengthened, by better facilitation and staff training, 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 2017/2018 within the required time frame stipulated by the Public Finance Management Act, 2015. The Commission will continue to prepare and submit, to the relevant bodies, quarterly reports of its financial and physical performance as expected. The preparation of the Ministerial Policy Statement for 2017/18 will also be timely.The Commission expects, as a result of streamlining the Planning Unit, to have our outputs and achievements accurately captured in the Government Semi Annual Performance Reportandthe Government Annual Performance Report. The Commission recognizes the importance of having staff with up to date knowledge and skills. We therefore plan to sponsor four staff members for refresher training within the country, while two staff memberswillbesponsoredtoattendprofessionalconferencesabroad.The Commissionalsoplanstotrain staff in Directorate of PRI in investigations. This has been a long standing need, but has become more JSCAnnual Report2015/2016 Page37 Judicial Service Commission Annual Report 2015/16 urgent now due to the increasingly more complicated cases our officers have to contend with. The Commissionhopestogetsupportfrom SUGARprojectforthispurpose. 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 valuesandbestpractices. The Commission also plans to train the investigators to improve the quality of investigations and enhance theeffectivenessofthedisciplinaryprocess. The implementation of the HIV/AIDS workplace policy will continue. We hope to attain zero workplace infections,zeroworkplacestigmaandzero AIDSrelatedemployeedeath. 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 extendedfamilies,aswellasinthecommunitiesinwhichtheylive. We hope to continue working closely 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 plan to conduct monitoring and evaluation exercises in forty eight districts to assess coverage and effectivenessof Commissionactivitiesandmakeproposalsforimprovementwhereneedbe. Theexercisewillfocusonthefollowing: Performance of the Complaints Handling Mechanism, including getting feedback from Judicial Officersonthe Commission’sperformanceofitsdisciplinaryfunction; Publicperceptionontheperformanceof Judicial Officersintheirareas; Thecoverageandeffectivenessoftheciviceducationprogrammes;and Thecoverageandeffectivenessofthecourtinspectionexercises. The Commission will also actively participate in the Joint Inspection Exercise for Local Governments. This is a programme coordinated by the Ministry of Public Service where Ministries, Departments and Agencies with Inspection mandate jointly carry out inspection of local governments. This is meant build synergy among the inspection agencies, and to reduce on time spent by local government receiving and attending toinspectionteamsfromdifferent Ministries,Departmentsand Agencies. Risk assessment, with clear categorization of long and short term risks and the remedial actions to addressoraverttherisks. Monitortheimplementationofriskmanagementpolicy. 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 at the close range and make workable recommendationsforperformanceimprovement. The Commission will purchase the following capital items: Twovehiclestofacilitatethepublicawarenessandsupervisionfunctionsofthe Commission, Four Desk Top Computersforthe Resource Centre, Five Fire Extinguishers, Office Furniture,and Assorted ICTEquipment. JSCAnnual Report2015/2016 Page39 Judicial Service Commission Annual Report 2015/16 CHAPTER FOUR CHALLENGES AND POSSIBLE SOLUTIONS 4.1 Challenges Expanded Mandate Effectof Restructuring New Government Commitments During the twelve months since the last annual report, the challenges the Commission faces have basically remained the same. However, some developments in the course of the year are likely to compound these challenges.Thethreekeydevelopmentsthatwilldefinitelyhavefarreachingimplicationsonouroperations are; the expansion of the appointment mandate of the Commission to include appointment of other staff of the judiciary, the restructuring of staff establishment of the Commission from 72 to 112, and the election of a newgovernmentwithanumberofcommitmentsinthemanifestofortheperiod2016to2021. Theresponsibilitytohandletheappointmentofotherstaffofthejudiciarycomeswithundisputableincrease in the expected work load and increased need for resources to enable the Commission to effectively execute this new role. The standard practice is that once employees are transferred from one service Commission to another, the staff members in post are validated to ensure that they qualify for the positions theyhold.The Commissionwillthenfillexistingvacancies,asandwhenrequiredtodoso. The increase in the number of staff members from 72 to 112 constitutes more than 50% expansion of the Commission’s human resource. This will come with the attendant need for additional office space, equipment and tools. Given that the Commission is already experiencing the problem of inadequate and poorworkingspace,theneedforalternativeofficepremiseswillbeimmediate. The Government has made key new commitments for the period 2016 to 2021. There are a few of the commitmentsthathavedirectimplicationsontheoperationsofthe Commissioninrelationtorecruitingstaff members for promised structures. Key among the commitments made are to; establish formal courts at the sub-countylevel,pioneerimplementationofmobilecourts,increasethe High Courtcircuitsfromthecurrent 13 to 20, appoint more Judicial Officers and improve on their conditions of service, make every district a magisterial area with a Chief Magistrate, appoint /hire acting Judges on short-term basis to reduce the backlogofcasesandoperationalizethelandtribunalsystem. Forthe Commissiontoeffectivelyplayitsroleintheimplementationofthemanifestopledges,itwillneedan additional Shs8.3billionoverthenextfiveyears. The above are challenges that we anticipate in light of the developments enumerated. However, we have challenges that have been with us for a long time now, and which we shall continue to grapple with until lastingsolutionsarefound. JSCAnnual Report2015/2016 Page40 Judicial Service Commission Annual Report 2015/16 Shortageof Specialized Skills Poor Office Accommodation Absenceand Part-time Statusofthe Commission Inadequate Transport Means Thedisciplineof Judicial Officersisunderminedbyshortageofskilledhumanresourcetocarryouteffective investigations. The Regulations governing the disciplinary process are very elaborate and may hamper timelydisposalofcases. 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, our attempts to have our planning figures adjusted to cater for this item in our budget estimates have not been successful. We have thereforedeferredmakinganycommitmenttothiseffect. Farmers House, where the Commission is housed, is a dilapidated building with limited space which can hardly accommodate even the present low level of staffing. The newly approved staffing levels will require more spacious office accommodation for the Commission. Moreover, the state of the building is proving to be a health hazard to the present staff members. A large section of the ground floor where we are located was originally meant for storage purposes, with the design of a typical warehouse. The offices found in this sectionlackadequateventilation,besidestheprofuseleakagesexperiencedduringheavyrains. The term of office of the last Commission ended in early February 2016, leaving us without a policy organ. But even when available under the present legal regime, it is only the Chairperson of the Commission who isfulltime;allothermembersareparttimers.Theparttimestatusofthe Commissionmembersundermines its ability to address emergency demands connected to Commission’s mandate. This means that the Commissioncannotsitasfrequentlyasitwouldberequiredtodealwithimportantmatters.Itisforthesame 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 resultanteffectistheaccumulationofdisciplinarycasebacklogin JSC. 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. This explains why our officers rarely visit far flung areas of the country and areas with notoriously difficult terrain. This problem will become more acute whentheanticipatedprogrammesandchangesareimplemented JSCAnnual Report2015/2016 Page41 Judicial Service Commission Annual Report 2015/16 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 in 2015/2016 was used to cover only 16 sub-counties outofabout1,400sub-counties;thistranslatedtoacoverageofabout1%.Thisthinlyspreadstheimpactof theciviceducationactivitiesleavingaverylargepercentageofthepopulationlargelyignorantofissuesthat relatetojustice. 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 Officerremainingvacant. The inability to attract the required human resources is attributable to unfavourable pay package for legal professionals at the Commission compared with the take home package of legal professionals in other government agencies. This discrepancy arises from the fact that the salaries for legal professionals in the Judiciaryarenottaxedwhilethoseatthe Commissionaretaxed.Inothergovernmentagenciesthatemploy 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 autonomous thus determiningstaffsalariesinhouse. The court inspections, as reported earlier on, showed that courts in general and Judicial Officers in particular were facing very many challenges that compromised their capacity of deliver services to expectations.Thesechallengesincludebutarenotlimitedto;understaffingleadingtoengagementofmany volunteers and contract workers, poor facilitation in terms to transport and logistics, poor and/or absence of proper and fitting office accommodation for some courts and lack of adequate preparation of the Judicial officersforthechallengesoftheworkplace,someofwhicharelocatedinextremelyhardtoliveareas. The Commission through its monitoring and evaluation exercises identified challenges which included vast unmetinformation needsamongthepopulationaggravatedbyabsenceofacomprehensive programmeto reachouttothem,misinformation andmistrust aboutthe Commission’s operationsamong Judicial Officers andabsenceof JSCbrandamongthepublic. It has been noted that, overtime; the Commission has not been able to effectively carry out its mandate. Thishascomeaboutduetoanumberoffactors,someofwhichhavealreadybeenpointedout.Itsufficesto saythatshortageofhuman,financialandmaterialresourceshasbeenatthecentreofthisfailure.However, around it were issues of lack of focus, improper planning and lack of full appreciation of the uniquely broad natureofmandateofthe Commissionasanoversightagency. Shortageof Staff Lackof Mechanismfor Followupon Findings Unfulfilled Mandate JSCAnnual Report2015/2016 Page42 Judicial Service Commission Annual Report 2015/16 Thefunctionsthathavenotbeenperformedtoexpectationsare: Advisinggovernmentonmattersofthelawandadministrationofjustice;and Making regular recommendations to government on the terms and conditions of service of Judicial Officers. To effectively carry out the above functions, the Commission needs to engage in extensive and regular research both within and outside the country. It is particularly important that the standards of judicial practice and terms and conditions of service of Judicial Officers are brought to the comparable levels with those in jurisdictions in the East African Community and the African Union as a whole. The necessary research activities have not been carried out due financial resource constraints leading to under performanceintheseareas. The Commission has also only been able to partly perform the other functions. The training of Judicial Officers is a broad mandate which is currently limited to: approval of study leave for Judicial Officers, three regional performance management workshops. The Commission has not been able to prepare the newly recruited Judicial Officersbysensitizingthemaboutthedisciplinaryproceduresinjudicialservice. The performance of the civic education and public complaints system has been undermined by poor facilitation and lack of adequate skills. This has resulted in low civic education coverage and slow conclusionofdisciplinarycases The Commission urgently needs to relocate to a more spacious building with an attractive working environment. It is now very clear that the construction of JLOS House which was originally touted as the final solution to accommodation problems in the sector is not going to be realized soon enough. The concerned authorities should therefore accord this matter the deserving attention and grant the required authorityandresourcesforthe Commissiontoseekatemporaryhomefromtheprivatesector. The financial health of the Commission should be given the attention it deserves, given that JSC services an entire Arm of Government. In fact all challenges the Commission faces are related to the very meagre resources allocated to it over the years. It is a high time the principles of fairness and equity are applied. It is totally unacceptable that persons serving in the same public sector should experience starkly contrasting conditions at the workplaces. For a start, the Commission needs to be funded like sister Commissions in governmentanditsstaffmembersshouldberemuneratedandfacilitatedatthesamelevelasemployeesof the same qualifications serving in other sectors in government. This can be resolved by granting the Commission autonomy 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 autonomy to the 4.2 Recommendationsto Addressthe Challenges Provisionof Alternative Office Accommodation Body Corporate Status(Autonomy) JSCAnnual Report2015/2016 Page43 Judicial Service Commission Annual Report 2015/16 Commission would be a master stroke that would open the way to solve all the major challenges enumeratedabove. The status of the Commission members should be revisited with a view to making the Commission or some members thereof, full time. This matter has assumed a new sense of urgency arising from the last constitutional amendmentwhichexpandedtheappointmentmandateofthe Commission. Unfortunately,to achievethiswouldrequireanamendmentofthe Constitution. There is need for a platform where the Commission can engage with stakeholders to address some of the impediments to the smooth operations of the courts. To this end, initiative has been taken that will lead to the convening of a stakeholders’ conference at which the findings of the court inspection exercise will be shared. The Commission needs to comprehensively review its service delivery approach, especially in the area of civic education in order to reach the highest number of people at the lowest cost. As a beginning the Commission is adopting a method which involves combining leaders from a number of sub counties for a sensitization meeting, instead of moving from one Sub County to another. The Commission has also started process to review and revise the Judicial Service Commission Regulations in order to, among others,shortenthedisciplinaryprocedures. The Commissionintendstoenrichthecontentoftheperformancemanagementengagementswith Judicial Officers to include the criteria used to select Judicial Officers for promotion. This will, hopefully make the promotionalexercisesmoretransparentandarguablyobjective. The Commission will put emphasis on the areas of its mandate that have hitherto not been satisfactorily executed.The next Commission should be able to conduct studies within the country and in the region with a view to advise government on matters of the law and administration of justice, and above all to make recommendations for the improvement of the terms and conditions of service for Judicial Officers to match thatofprofessionalcolleaguesinneighbouringjurisdictions. Reviewof Part-time Statusof Commission Members Stakeholders’Information Sharing Forum Reviewof Service Delivery Approaches Pull the Unfulfilled Mandate to the Fore The Commission will engage all stakeholders and well wishers to play their part in facilitating the performance of the functions that have been identified for improvement. The needed support includes, but is not limited to; increased funding by upward revision of the budget ceiling, retooling, skills enhancement among staff members, increased cooperation and better coordination with partners and continuous quality improvementoftheserviceswerendertoourclients.