Annual Report 2017/2018 JSC

This Report presents the achievements and challenges of the Commission for the Financial Year 2017/18, the plans for the Commission and other matters that affect the operation of the Commission in line with the JSC Strategic plan for the period 2016- 2019/20. This will contribute to the reduction of case backlog in the Judiciary and operationalizing some of the courts that have not been functional due to the limited numberofjudicialofficers. The Commission through the Disciplinary Committee has continued to handle disciplinary cases against judicial officers where a total of 323 complaints cases were handled.5 complaints were recommended for retirement in public interest, dismissal, severe reprimand, reprimand and compensation. Some complaints were recommended for closure for various reasons including: lack of merit; loss of interest by complainant; complaint settled between parties; death of complainant or respondent; and retirementofthejudicialofficer. Public education about law and administration of justice was also prioritized in FY 2017/2018 where various areas of law were handled including domestic violence, land law, bail and police bond, sexual offences, Money Lenders Act, marriages andcourtprocesses. My gratitude goes to the Members of the Commission and staff for their dedicated service towards the implementation of the Commission’s activities and the various stakeholders in delivery of the Commission’s mandate. I also extend appreciation to the Office of the President, the Parliament of Uganda, the Judiciary, development partners, the JLOS Secretariat and Government of Uganda for the support and funding rendered towards the implementation of the Commission’s activitiesandprogrammes. Justice Benjamin I.Kabiito Chairperson Judicial Service Commission JSCAnnual Report2017/2018 Pagevi Hon. Kabiito, Chairperson The Judicial Service Commission Annual Report has been compiled to inform our stakeholders, especially membersofthepublic,the Commission’s achievements in the financial year 2017/2018. This is necessary because all that we do, we do it on behalf of and for the wellbeing of the people of Uganda.Thisreportisstructuredintofourchapters. Chapter one introduces JSC to stakeholders. It points out the foundation of our existence as embedded in Article 146 of the Constitution of the Republic of Uganda, 1995(as amended).The chapter also highlights our vision, mission, strategic objectives and values which guide the execution of the Commission’s mandate. The organogram depicts the current structure, hierarchy and staffing position. The second chapter explores the activities carried out by the Commission in the financial year and what we achieved in line with our mandate of recruiting and disciplining judicial officers and educating the public on law and administration of justice,. The Commission conducted radio talk shows, sensitization meetings, prison inmates’ workshops and performance management workshops for judicial officers across the country. The Commission also continued to register and process public complaints against judicial officers, and also inspected courts to assess their conditions of service and performance. The Commission also engagedopinion leaders andmembers ofthepublic in the fight against corruption in the courts of judicature in particular and the justice system in general. The third chapter of the report highlights what the Judicial Service Commission plans to do in terms of the said mandate in the financial year 2018/2019. The Commission plans to fill all vacancies as declared by the Judiciary and also scale up the use of multimedia to educate members of the public on matters of law and the administration of justice. The introduction of civic education in schools is an approach that will be rolled out to sensitize young citizens the importance of being aware of the laws and judicial structures of our country. The Judicial Service Commission will continue to investigate complaints against errant judicial officers and take or advise on disciplinary action as the case may be indeservingcases. The fourth chapter highlights the challenges faced by the Commission in the fulfillment of its mandate and other Government priorities. Some of these challenges include: insufficient funding, limited transport facilities, and inequitable remuneration, among others. The measures identified to overcome these obstacles to optimise performance include: lobbying for additional funds to enable the Commission increase its output; recruitment of staff to fill the structure; and continuous capacity building for staff to increase their effectiveness in performance. EXECUTIVE SUMMARY JSCAnnual Report2017/2018 Pagevii The Commission interfaced with Judicial Officers under Masaka High Court circuit in February 2018 this is in a bid to improve service delivery CHAPTER ONE JSCAnnual Report2017/2018 Page1 Introduction The Judicial Service Commission (JSC) is an independent constitutional body established under Article 146 of the Constitution of the Republic of Uganda. The functions of the Commission are set out in Articles 147,148and148Aofthe Constitutionofthe Republicof Uganda1995asamended,asfollows: To advise the President in the exercise of his powers to appoint persons to hold or act in any of the following constitutionally specified offices, including power to confirm appointments, to exercise disciplinary control over such persons and to remove themfromoffice: i). The office of Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of Court of Appeal and a Judge of the High Court. The office of the Chief Registraranda Registrar. T o r e v i e w a n d m a k e recommendations on the terms and conditions of service of Judges and other Judicial Officers subject to the provisions ofthe Constitution. To prepare and implement programmes for the education of, and for the dissemination of information to, Judicial Officers and the public about the law and administrationof Justice. To receive and process peoples’ r e c o m m e n d a t i o n s a n d complaints concerning the Judiciary and the administration of justice and, generally, to act as alink betweenthepeopleandthe Judiciary. To advise the Government on improving the administration of justice and perform any other functions prescribed by the Constitutionor Parliament. Subject to the provisions of the Constitution, to appoint persons to hold or act in any judicial office other than those specified in (a) above and confirm appointments in and exercise disciplinary control over persons holding or acting in such offices and remove suchpersonsfromoffice. In Constitution (Amendment)Act No.12 of 2015, the Commission’s mandate was expanded by giving it power to appoint, discipline and remove other staff of the Judiciary. This provision will take effect once an enabling lawisputinplaceby Parliament. In accordance with Article 147 (1) of the Constitution providing for the Commission to carry out other functions that Parliament may prescribe, the Commission is currently mandated to carry out the followingadditionalroles: A). 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 ofthe Electricity Disputes Tribunal. The Uganda Communications Act, 1997 grants 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 Chairperson of 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 Courttobeappointedbythe Presidenton 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. JSCAnnual Report2017/2018 Page2 Vision An effective, responsive and efficient judicial service. Mission To foster an accountable and effective judicial service through competence-based recruitment, disciplinary control, stakeholder engagement, and public and judicial education. Independence: Article 147(2) of the Constitution empowers the JSC to act independently without any direction or control of any person or authority. The Commissiontakesdecisionsthat are free from external influence, inducement, pressure 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 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 personalintegrity. Propriety: JSC staff are expected to conduct themselves in a manner consistent with public office and, as such, freely and willingly accept appropriate personal restrictions. The JSC also serves all persons with openness and promotes sincerity while dealingwiththem. Equity: The Commission strives to ensure 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,ordisability. Competence and Diligence: The Commission prides itself in producing outputs that are of high quality necessary for the proper and competent discharge of its duties. It strives to observe professional ethics and practices while carrying out its obligations and functions in order to offer maximum satisfaction to concernedpersons. JSCAnnual Report2017/2018 Page3 1.2 Strategic Objectives 1. To identify suitable persons for appointment as Judicial and non-Judicial Officers to all levels of the Courts of Judicature. To review and make recommendations on the terms and conditions of service for Judicial and non- Judicial Officers. To prepare and implement judicial and public legal educationprogrammes. To exercise disciplinary control over Judicial and non-Judicial Officers in accordance with the set ethical standards and codes ofconduct. To process people’s recommendations and complaints concerning the j u d i c i a r y a n d t h e administrationofjustice. Tostrengthentheinstitutional capacity of JSC to deliver its mandate. 1.3 Composition and Structure of the Commission The Membership of the Commission is spelt out under Article 146 of the Constitution as follows: ? A Chairperson who is a person qualified to be appointed as a Justice of the Supreme Court; ? A Deputy Chairperson who is a person qualified to be appointed as a Justice of the Supreme Court; 1.3.1 Membership of the Judicial Service Commission The current Commission which is the fifth since the promulgation of the Constitution in 1995 was sworn in th on5 December 2016. Six Members, 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) nominatedbythe President; ? The Attorney General, who is an ex-officio member of the Commission. The Secretary who shall be appointed by the President on the advice of the Public Service Commission. th Members of the 5 Judicial Service Commission 1 Hon. Justice Benjamin Kabiito Chairpesron 2 Hon. Lady Justice Faith Mwondha Deputy Chairperson 3 Hon. Rose Nassali Lukwago Secretary 10 Name No. Title JSCAnnual Report2017/2018 Page4 1.3.2 The Judicial Service Commission Secretariat The overall responsibility of the Secretariat is to facilitate the Commission in the delivery of its Constitutional mandate. The Secretariat is headed by a Permanent Secretary/Secretary tothe JSCwhoisresponsiblefor: a. Organisation and operation of the Commission; b. Tendering advice to the Chairperson in respect of the businessofthe Commission; c. Implementing the policies of the Governmentof Uganda; d. Ensuring proper expenditure offundsofthe Commission; e. Implementing policy decisions of the Commission; the day-to- day administration and management of the affairs of the Commission; and the control of the other staff of the Commission; f. Arranging the business for and the recording and keeping the minutes of all decisions and p r o c e e d i n g s o f t h e Commissionanditsmeetings; g.Performing any other function assigned to him/her by the Commission. 1.3.2.1 The Directorate of Education and Public Affairs (EPA) The Secretariat is composed of two Directorates and a department,namely:Directorate of Education and Public Affairs (EPA), Directorate of Planning, Research and Inspectorate (PRI); and Department of Finance and Administration (F&A). EPAisheadedbya Registrarandisresponsiblefor: a. Publishing civic education materials on law and administration of justice i.e. books, brochures, newssupplements,etc.; c. Performing any other duties assigned by the Permanent Secretary. 1.3.2.2 The Directorate of Planning, Research and Inspectorate (PRI) PRI is headed by a Registrar and performs the followingfunctions: a. Receiving and processing peoples’ recommendations and complaints concerning the Judiciaryandtheadministrationofjustice; b. Researching about the terms and conditions of service of Judges and other Judicial Officers including Chairpersons, Members and Registrarsof Tribunals; c. Researching and monitoring the administration ofjustice; d. Preparing proposals for improving the administration of justice through court inspections; e. Secretariat of the Disciplinary Committee of the Commission; f. Performing any other duties assigned by the Permanent Secretary. Members of the Commission in a meeting JSCAnnual Report2017/2018 Page5 1.3.2.3 The Department of Finance and Administration The Department is headed by the Under Secretary, and its functionsarelistedbelow: a. Planning, budgeting and monitoring the implementation ofworkplans; b. Acts as a Secretariat to the Commission and coordinates the implementation of Government policies and directives; c. Secretariat for the Search and Recruitment Committee of the Commission; d. Handling the recruitment and disciplinary records of judicial a n d J S C s t a f f a n d administrativerecords; e. Managing the Commission’s physicalassets; g. Handling the recruitment of judicialstaff; i. Handling Public procurement and disposal functions of the Commission; j. Provision of all the necessary logistics for the proper f u n c t i o n i n g o f t h e Commission. 1.3.3 Committees of the Commission th The 5 Judicial Service Commission established three standing Committees through which business pertaining to the JSC mandate is executed. Disciplinary Committee: This Committee is charged with hearing disciplinary cases brought against Judicial Officers and recommending appropriate action to be considered by the full Commission for the final action. Complaints are investigated by the Directorate of PRI and findings presented to the Committee for consideration. The Committee increased the number of sittings from one to four times a month, in addition to two retreats held twice a year to handle disciplinary matters.The increased sittings have resulted into reduction of th thecasebacklogthatthe5 Commissioninherited. Search and Recruitment Committee: This Committee reviews the recruitment requests from the Judiciary and prepares schedules and other preliminary documentation for consideration by the full Commission. The Committee is also responsible for reviewing requests for confirmation in service, acting positions, study leave and such other human resource management requests from the Judiciary and other Government Agencies and Tribunals recommending appropriate action to the full Commission. Education and Public Affairs Committee: This Committee is responsible for planning and monitoring implementation of the public and judicial education function and recommending appropriate action to the full Commission. 1.3.4 Technical Management Committees In addition to the standing committees, the Commission has several technical management committees through which work plans and other technical business of the Commission are managed. Top Management Committee: The Chairperson of the Judicial Service Commission chairs this committee members include the Secretary and all the departmental and directorate heads. The Committee sits quarterly to review performance against work plans and other policies forsubmissiontothe Commission. Heads of Department Committee: This Committee is chaired by the Permanent Secretary/Secretary to the Commission. The Committee sits every month-end to review progress against quarterly work plans and other issues to be considered by the Top Management Committee. The membership of this Committee is Heads of Departmentand Directorates c. Senior Management Committee: This is chaired by the Permanent Secretary/Secretary to the Commission. The Committee consists of all Heads of Directorates, Departments, Divisions and Unitsaswellasseniorlevelofficers.The Committee sits at the end of each quarter to review performance against work plans and make appropriate recommendations to the Top Management Committeeforconsideration. Legal Committee: This Committee is chaired by the Registrar of the Directorate of Planning, Research and Inspections and is Table 3: Officers who Left Service for Other Reasons Name Title Remark Ms. Mubene Deborah Senior Accounts Assistant Mandatory retirement on attainment of retirement age JSCAnnual Report2017/2018 Page6 composed of all lawyers who are staff members of the Commission. The Committee’s function is to analyse and advise the Permanent Secretary/Secretary to the Commission on legal issues that arise during the execution of its mandate. Finance Committee: This Committee, which is a requirement from the Ministry of Finance, Planning and Economic Development, is chaired by the Accounting Officer. Its function is to review budget implementation and take decisions accordingly. The Committee sits once in a quarter after the cash limits have been received from the Ministry of Finance, Planning and Economic Development. The Judicial Service Commission was restructured in the FY 2015/2016 and the establishment rose from 72 to 112 staff members. Among the changes ushered in by the new structure was the introduction of positions of Senior Legal Officer and Legal Officer in the two directorates of PRI and EPA, as well as establishment of a Communications Unit in the Department of Finance and Administration. By the end of the Financial Year 2017/2018, the Commissionhad77positionsfilledout of 112. The full staff list and the staff that joined during the FY 2017/2018 are attached as Annex 1 and Annex 2 respectively. Amoding Jennifer Principal Human Resource Officer Transferred from Public Service Commission Ms. Babirye Sophia Senior Records Officer Transferred from the Ministry of Local Government Table 2: Transfers from the Commission Name Title Remark Ms. Nassanga Mariam Senior Records Officer Transferred to Ministry of Health Ms. Nabukalu Sharifa Pool stenographer Transferred to the Ministry of Local Government 1.4.2 Staffing Challenges The Judicial Service Commission is faced with the challenge of vacant positions at different levels; for instance, the positions of Registrar/PRI and Deputy Registrar/EPA have remained vacant for over three years. The amendment of the Judicial Service Act with the provision to recruit its staff will enable the Commission to fill the vacant positions which are taking too long to be filled by Public Service Commission. JSCAnnual Report2017/2018 Page7 1.5 JSC Budget Structure In Financial Year 2017/2018, the JSC operated underfour Programmesdrawnfromthemandate of the Commission with six contributing outputs asoutlinedbelow: i. Programme 10: Recruitment and Discipline of Judicial Officers. Outputsunder Programme10; 07:Recruitment Searchandselection 08:Discipline,rewardsandsanctionfunction ii. Programme 18: Public legal awareness and Judicialeducation Outputunder Programme18 09: Public legal awareness for administration ofjustice 10: Judicial Education for administration of justice iii. Programme 19: Complaints management and advisory services Outputs under Programme 19; 11: Public complaints management system 13 Research and planning for administration of justice iv. Programme 25: General administration, planning, policy and support services. Output under Programme 25 01: Finance and Administration 04: Internal Audit 05: Human Resource Function 12: Planning and Policy Function 0390: Judicial Service Commission (Development) Gulu Sensitization; As part of our objectives on civic education we periodically visit and engage with citizens in their communities Commissioner Christine Amongin Aporu addressing Kumi District leaders on the mandate of Judicial Service Commission JSCAnnual Report2017/2018 Page8 2.1 Physical performance of the Commission during the Financial Year 2017/18 The Judicial Service Commission filled 51 vacant positions in the judiciary. Specifically, the Commission recommended appointment of the Deputy Chief Justice, 2 Justices of the Supreme Court, 4 Justices of the Court of Appeal, 10 High Court Judgesand5Registrars. The Commission appointed 7 Deputy Registrars, 4 Assistant Registrars and 18 Chief Magistrates. Details of the judicial officers recruited during the financial year are shown in Annex3. In partnership with the Judicial Training Institute, JSC participated in the induction of the newly recruited judicial offices to prepare them for meeting the challenges and demands of the new offices to whichtheyhadbeenappointed. The complaints were registered by 79 males, 23 females and 22 groups of people /institutions. This increased the number of complaints in the system from 426 brought forward from FY 2016/2017 to 550 complaints. The Commission disposed of 323 complaints in 2017/2018 compared to 287 handled in 2016/2017. The complaints handled majorly fell in the followingcategories; 1. D e l i b e r a t e l o s s o r misplacement of court records. Solicitation of bribes and other formsofgratification. Failure or delay to avail certified copies of judgments and records of proceedings fortheintendedappellants. Lack of integrity in private financialtransactions. Recording of cash bail on the bondformsasnoncashbail. Failure/refusal to issue receipts for received official funds. Abuse of execution process such as excessive attachment, under valuation, fake sales and conversion oftheproceedsofexecution 10. Deliberatefailuretocomplywithexecutionprocedures Out of the 323 complaints disposed of, 318 were closed due to lack of merit, loss of interest in the matter by the complainant, complaint settled between parties, death of the complainant or respondent, retirement of the judicial officer, complainant could not be traced to obtain better particulars and committee could not establishanymisconduct.5casesendedinsanctionsasshowninthetablebelow. The sub-counties reached include Daban, Western a n d E a s t e r n d i v i s i o n , Namanyonyi, Bungakho-Mutoto and Kasakye sub counties among others. The members of the public were sensitised about the Judicial Service Commission mandate, complaints handling and processing procedures and administrative sanctions imposed on errant judicial officers. The Commission registered a total of 124 complaints against judicial officers during the period under review. The complaints were received through the five established channels which included; physical visit to the JSC offices, use of suggestion boxes at local government offices, use of toll free telephone lines (0800 100221and0800100222), Use of postal service (P.O Box 7679, Kampala) and email: ( ). info@jsc.go.ug The use of the toll free telephone lines has become the preferred medium for lodging of complaints on alleged judicial misconduct. The Commission received a total of 5,040 calls from all over the country in the period July 2017 to June 2018. 186 complaints on alleged judicial misconduct were received. The table below shows the geographical distribution of the calls received at the Commission through its toll free telephonelines. Table 10: Geographical Distribution of Toll Free Telephone Calls Central 1356 Kiboga, Mubende and Wakiso Region No. of Calls Top three districts Eastern 1326 South/ South Western 1505 Northern 853 Total 5,040 Iganga, Mbale and Mayuge Kibale, Mbarara and Masindi Nebbi, Lira and Zombo JSCAnnual Report2017/2018 Page9 JSCAnnual Report2017/2018 Page10 The issues raised through the calls included: Table 11: Summary of Issues Raised through Toll free Calls 5,040 All complaints that were found to be outside the mandate of the Commission were referred to the relevant institutions in line with the referral mechanism in place. 964 calls of such a nature were received during the year. The Commission investigated 95 complaints from 34 districts/magisterial areas during the year. The locationswheretheinvestigationswerecarriedoutareasshownbelow: Table 4: Districts where Investigations were carried out by Region Category of Issues No. The members of the public were educated about the mandate and functions of JSC; the role of the public in administration of justice; land laws; domestic violence laws; bail and police bond, sexual offences; marriages; and court processes. 2.1.4.1 District sensitization workshops JSCAnnual Report2017/2018 Page11 JSCstaffsensitising Kumi Districtleadersabout Lawand Administrationof Justicein Uganda.Theleadersweregiven acopyofthe Citizen’s Handbook,aguideonvariouslawsandinstitutionsthataidjusticedeliveryin Uganda. 2.1.4.2 Legal education in schools The Commission carried out sensitization in schools in the districts of Yumbe,Arua, Koboko,Amuria, Jinja, Kumiand Kitgumwhereatotalof8,176studentswerereachedinthefollowingschools. School Nile Vocational Institute 1,033 students Busoga College Mwiri 600 Kumi University 195 Kitgum Public primary School 450 St. The interaction with Police brought to light many challenges faced in administration of justice including: 1. Inadequate provision of fuel to police posts explaining the public outcry that police asks complainants to pay money before suspects are apprehendedorarrested. In order to reach out to a large number of people, the Commission used the radio and television through 99 radio talk shows in the districts of Kampala ( K.FMand C.B.S), Mpigi, Nakasongola, Mityana, Masaka, Mbarara, Kabale, Bundibugyo, Kiryandongo, Jinja, Fortportal, Kiruhura, Kabarole,Kiboga, Masindi, Busia, , Gulu, Moroto, kotido, kitgum, Soroti, Kaberamaido , Kayunga, Kamuli, Tororo, Arua, Zombo, Lira, Mbale, Kapchorwa, Kalangala, Adjumani, Kanungu, Rukungiri, Mubende, Sembabule, Apac, Kasese, Bushenyi and Kisoro.The districts focused on were building on those that were reached in financial year2016/2017. JSCAnnual Report2017/2018 Page12 The Commission held 20 television talk shows on UBC television, Spark TV and NTV. The role and mandate of JSC, land laws, police bond, court bail and plea-bargaining, gender based violence and sexual offences, mob justice and succession law and moneylenders’ regulations were discussed. Public outcry about the Uganda Police Force activities (arrests, bribery, fraud and delayed investigations). Increased domestic violence especially economicabuseagainstwomen, 5. Increased child marriages covered up by the communities, 6. Increased abuse of widows due to ignorance of the law and financial incapacity to obtain legalrepresentation. Children’s demand for land from their elderly parents as though it were their right; which hasfueleddomesticviolence. The Commission held 5 prison inmates’ workshops in Bushenyi, Mbale (Maluku), Kayunga, N t e n j e r u , L u s a a n a a n d Kangulumira Government prisons where over 1600 prisoners were sensitised about the role of JSC in administration of justice, trial procedure, Rights of prisoners in Uganda,andsuccessionlaw. 2.1.6 Judicial Education The Commission had engagements with judicial officers from Gulu, Lira, Masaka, Jinja, Mbale, Mbarara, Mpigi and Kabale High Court circuits. A total of 133 judicial officers participated in the workshops. Mental preparedness,mindsetchangeandothertopicswerediscussed. The table below shows the High Courtcircuitsandmagisterialareasthatwereinspectedbyregion JSCAnnual Report2017/2018 Page13 Table 5: List of Magisterial Areas and Courts Inspected Eastern Western Busia Serere Kaliro Busembatya Ibanda Kiruhura Northern Oyam Apach Aduku Pader Potango Kaberamaido Arua Nebbi Central Lugazi Njeru Kasangati Wakiso Kakiri Industrial Court High Court Family Division Nakawa Wobulenzi Ngoma Luwero Mubende Nabweru Nakasongola Masaka The reports of the findings of these inspections were consolidated and shared with key stakeholders. However, the key findings from the exercisewere: a. The operational funds sent to courts from the Judiciary are inadequate. This leaves many courts unable to meet some of the most basic of their needs like judicial officers failing to conduct the locus visits in the process of hearing land cases. This eventually leads to delay in disposal of cases, accumulation of backlog and reduction of confidence in the courtprocessesbycourtusers. Inadequate pay for judicial officers which in turn leads to low motivationandmoraleatwork. Sanitary facilities in some courts like Kasangati were wanting. In some courts, the flush toilet systems had collapsed; while in others the pit latrineswereinasorrystate. The Commission continued to subscribe for its staff members who are professional lawyers to the Uganda Law Society, and the accountants to ICPAU, ACCA and CIPS. The subscriptions enable staff to network andinteractwithprofessionalcolleaguesandalsobenefitfr In order to deliver the above outputs, various administrative and human resource support activities were undertakenasfollows: a. The Commission interacted with the JLOS Development partners who pledged to give the JSC more support; b.Staffwereimmunizedagainst Hepatitis Bandyellowfever; c. Some 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 repairs including minor ones. Once vehiclesweretakentoheadquartersforrepair,theywouldtakelongtobeworkedon. 200copiesofthe Annual Report2016/17and300copiesofthe Strategicplanwereprintedandcirculated; g.Goodsandserviceswereprocured; h.The quarterly and annual performance reports as well as the budget for the next financial year were prepared; i. Administrative support was provided in terms of timely payment of salaries, provision of staff welfare, payment for internet services, hosting JSC website, servicing of computers, cleaning and garbage collectionservices,corporatewearwasdeliveredtostaffand JSCwebsitedomainwasrenewed; j. The IFMS equipment was competently maintained and this allowed submission of complete, accurate financialstatements; k. Thebudgetfor Financial Year2018/2019waspreparedanddulyapprovedinaparticipatoryprocess 2.1.10 Monitoring and Evaluation Monitoring and Evaluation Exercises was undertaken in Ntungamo, Kiruhura, Rukungiri, Kanungu, Gulu, Kitgum, Amuru, Pader, Masaka, Kalangala, Lyantonde, Rakai, Kapchorwa, Bukwo, Bulambuli, Nagongera, Tororo, Busia, Mbale, Pallisa, Kiboga, Mityana, Mubende, Kyenjojo, Kamwenge, Kabarole, L w e n g o , K y a z a n g a , Bukomansimbi, Kalungu, Fortportal ,Kasese, Luwero, Nakaseke, Masindi, Hoima, Kampala, Nabweru, Mpigi, Wakiso, Moroto, Lira ,Kotido, Kabong, Abim, Apac, Pader, Oyam, Mbarara, Bushenyi, Buhweju, Ibanda, Sheema, Kamuli, Busembatya, Iganga, Namutumba and Nakapiripirit districts/magisterial areas. These exercises were meant to assess the impact of the Commission in the 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 competencies 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. These exercises revealed among other thingsthefollowing; i. 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 with some of the leaders invited for the workshops not educating their citizens. Nevertheless, when all is taken into account, there was an increment in the level of public awareness reflected by the rise in the number of reported complaints and use of toll free telephonelines. Concerns were raised against JSC for recruiting lawyers from outside the Judiciary onto the higher bench; instead of promoting those from within. In response, it was explained that there was need to recruit suitable candidates from outside the Judiciary in order to bring in fresh blood, skills and diversity. The Courts were not operating at their optimum levels due to various factors including; understaffing, poor facilitation and low morale among staff in hardtoreachareas. Concerns were raised that disciplinary actions were concentrated mainly against judicial officers of the lower bench. In response it was explained that there were some cases involving judicial officers on the upper bench under investigationanddueprocess. 2.1.11 Internal Audit In the Financial Year 2017/2017, the Internal Audit Unit produced four quarterly audit reports on the physical and financial performance of the Commission. Value for money audit trips were carried out in the districts of Bukwo,Bulambuli,Mbale,Gulu,Lira,Kole,Oyam,Arua,Koboko,Yumbeand Nebbi. The funds appropriated, released and spent for the FY 2017/2018 from both Go U and JLOS sector wide funding were as follows:- Table6:Funds Appropriated,Releasedandspentunder JSCunder Go U The table above shows that the Commission spent 88.8% of the total release. There were unspent funds underwageduetotheunfilledpositionsincludingthoseofone Registrar,two Deputy Registrars,one Principal Legal Officer and eight Senior Legal Officers among others. The unspent funds released under non-wage wereduetocancelledpurchaserequisitionsattheendofthefinancialyear. Table 8: Financial Performance for FY 2017/2018under JLOS SWAP. Some positions will be filled through promotion of deserving judicial officers already in the system. In addition, the Commission will also confirm all eligible judicial officers upon recommendation receivedfromthe Judiciary. 3.2 Disciplineandrewards The Commission plans to handle all disciplinary cases arising out of complaints against the errant judicial officers. All complaints will be thoroughly investigated by the JSC investigators in partnership with police and other bodies. The Commission will also endeavor to clear the 227 complaints in the system by the close of the financial year to at least 70%. In the FY 2018/2019, the Commission plans to investigate 150 complaints cases. However, there are some complaints still subject to further investigations from previous years. This explains the variance between projected cases to be registered and cases to be investigated. 3.2.2 Disciplinary Committee Meetings The Commissionwillhold36disciplinarycommittee 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 committee to clarify on some issues before their cases are resolved. The Commission undertakes to meet all the expenses incurredbythecomplainantsandtheirwitnesses.In FY 2018/2019 it is estimated that a total of 35 complainants and 70 complainants’ witnesses will be required to appear before the Disciplinary Committee. In addition, the Commission plans to hold two Disciplinary Committee retreats for five days each tofacilitatetheclearingofcasebacklog. JSCAnnual Report2017/2018 Page19 The Commission has several avenues of receiving 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.Thefivemethodscurrentlyinuseare: a. Useof Toll Free Telephone The Commission has two toll free telephone lines for use by members of the public. Use of the toll free lines by the members of the public will continue to be encouraged and service will continue tobeprovided. Useof Suggestion/Complaints Boxes The Commission has over the years installed suggestion/complaints boxes at District Local Government, Municipal Council, Town Council and Sub County Offices. The Commission will continue to retrieve complaints/suggestions from these boxes on a monthly basis and take appropriate action. Postal Services The Commissionwillcontinuetomaintainthepostal services and encourages members of the public and private spheres to make use of it in pursuit of justice. All correspondences should be addressed tothe Secretary,Judicial Service Commission P.O. Electronicmailservices The Commission has a vibrant website at www.jsc.go.ug and an email address: info@jsc.go.ugthroughwhichwecanbecontacted. We project to register a total of 120 new complaints which will all be subjected to the established process for appropriate resolution. We undertake to a c k n o w l e d g e r e c e i p t o f a l l complaints/communications and to keep the complainants informed of the progress being made oftheircomplaints. It is hoped that this will not only increase awareness on the Complaints Management System but also build public confidence in the system that has been established to check abuse of authority in the courts and unethical behaviorby Judicial Officers. 3.3.2 Sensitization Meetings The Commission will conduct public sensitization workshopsaboutlawandadministrationofjusticein various districts of the country. The workshops are meant to sensitize the local community and opinion leaders on matters of the law and administration of justicetherebyinfluencingthejusticeseekinghabits of the public. The sensitizations will target schools, marketplacesandpolicestations. 3.3.3 Prisons Inmates Workshops The Commission will conduct 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 authorities of their responsibilities in respecting the rightsandpromotingthewelfareofprisoners. JSCAnnual Report2017/2018 Page20 3.3.4 Radiojinglesand Televisionspotmessage The Commission will conduct public awareness campaigns on matters of the law and administration of justice through airing of radio jingles and television spot messages in different parts of the country. The jingles and spot messages will convey messages about succession law, domestic violence, marriage laws, children’srights,andanynewlaws. 3.3.5 JLOSRadio The Commission will host the JLOS FM radio station which all JLOS institutions can use to educate the publicaboutthelawandadministrationofjustice.Thestationwillbebasedatthe Commission Headquarters andairedcountrywide. The workshops will take place in High Court Circuits in the four traditional regionsof Ugandawhichhavenothadthechancetoparticipatebefore. The Commission will also continue to pay subscription to the Uganda gazette so that the resource center is supplied with current information which will be used to enrich the information used tosensitizethepublic. The Commission also plans to produce and disseminate IEC materials. This will be in form of posters, billboards, brochures, fliers and stickers. The Commission will also produce a drama skit on anti- corruption to sensitize and galvanize the public in the fight against corruption and maladministraion. During these meetings, the Commission will engage with the members of public, advocates, judicial officers and JLOS stakeholders on the evil of corruption in the Judiciary and seektheirsupporttocombatit. 3.8.1 Court Inspection The Commission plans to inspect courts in fourteen (14) magisterial areas in the FY 2018/2019. The inspections are meant to acquaint the Commission with the conditions under which Judicial Officers work in various parts of the country. This will create an informed basis on which the Commission can advise Government on the terms and conditions of service of Judicial Officers and state of court infrastructure. Additionally, court inspections will enable the Commission to check on adherence to policies, standards and good practices expected of institutionsunderthepublicserviceof Uganda. 3.8.2 Development of performance standards The Commission plans to partner with the judiciary to developperformancestandards. 3.8.3 Study on the efficacy of the current Public Complaints System The Commissionplanstoconductaresearchonthe efficacy of the public complaints system. This research will point out the gaps in the complaints handling channels and suggest interventions for a moreresponsivesystem. 3.8.4 Subscriptionto 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 individual staff members will be facilitated to update their membership to these associations. This is aimed at keeping the lawyers atthe Commissionprofessionallyuptodatethrough the continuous Professional Development programmes organized by these bodies. It will also help the Commission to continue receiving professional journals and other relevant publications. Facilitation of twenty four (24) Commission meetings; ? Timely payment of members’ allowances and staff salaries to guarantee minimum standardsofstaffwelfare; ? Uninterrupted provision of utilities, i.e. electricity,telephoneservicesandwater; ? Provisionofinternetandother IT services; ? Renewal of JSC Website Domain and hosting as well as maintaining and updatingit; ? Provisional of consumable supplies such asofficestationery,tonercartridgesetc; ? Servicing and repair of office equipment, including IFMSand IPPS; ? Procurement of staff uniforms and corporatewear; ? Subscription to three professional bodies i.e.AAPAM,ESAAG,and AAPComs. 3.11 Internal Audit The Internal Audit Unit will continue to provide assurance services to management on a day to day basisthroughauditreports.Particularly,theunitwill: ? Analyse internal processes with focus on internal control systems, checks and balances with appropriaterecommendationstomanagement; ? Carry out Risk assessment, with clear categorisation of long and short term risks and the remedial actions to address or avert the risks; ? Monitor the implementation of the risk managementpolicy; Given that most of the activities of the Commission are field based, the Internal Audit Unit will travel extensively to study the service delivery processes at close range and make workable recommendations for performance improvement. 3.12 Human Resource Management The human resource management function will be executedinthefollowingways; ? Submitting the Commission’s staffing requirementsto Public Service Commission; ? Liaising with the Judiciary on their human resourceneeds; ? 3.13 Capacitybuilding The Commission recognises the importance of having its members of staff with appropriate work skills, attitude and adaption to change. JSC therefore planstosponsorstaffmembersforrefreshertraining. A comprehensive induction programme to enable newly employed or transferred staff to smoothly assimilate into the JSC fraternity and quickly internalise its core values and best practices will be conducted. 3.14 Implementation of HIV Workplace Policy Theimplementationofthe HIV/AIDSworkplacepolicy will continue, with the aim of attaining zero workplace infections, zero workplace stigma and zero AIDS relatedemployeedeath. The Commission shall continue to engage experts to sensitise the staff and reinforce positive behaviour amongthemaimedatpreventionof HIVtransmission. The other areas that the Commission shall focus on are: drug adherence, nutrition and other aspects of positive living that the staff may find useful in their immediate and extended families, as well as in the communitiesinwhichtheylive. JSC will continue to engage with organisations 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. for further supportinimplementingthe HIVworkplacepolicy 3.15 Planning and Policy function JSC will prioritize strengthening of the Policy and Planning Unit to ensure a smooth, reliable and effective planning and reporting process. Prepare the Budget Framework Paper and work planfor FY2019/2020; ? Preparethe Ministerial Policy Statement; ? Coordinate preparation of the strategic plan for thenextplanningperiod(2021-2024); ? Preparation of the JSC annual report 2017/ 2018. 3.16 Monitoringand Evaluation The Commission plans to conduct monitoring and evaluation exercises in forty eight districts to assess coverage and effectiveness of the JSC activities and make proposals for improvement as appropriate. Performance of the Complaints Handling Mechanism, including getting feedback from judicial officers on the Commission’s performanceofitsdisciplinaryfunction; JSCAnnual Report2017/2018 Page22 ? Public perception on the performance of judicial officersintheirareas; ? The coverage and effectiveness of the civic educationprogrammes;and ? The coverage and effectiveness of the court inspectionexercises. There is also a plan to develop an M&E framework for assessing the Judicial Service Commission servicedeliverytothepublic. 3.17 Joint Inspection Programme 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 an Inspection mandate jointly carry out inspection of local governments. This is meant to reduce on time spent by local governments receiving and attending to inspection teams from different Ministries,Departmentsand Agencies. 3.18 Development (Capital Purchase) The Commission will purchase the following capital items: ? Two vehicles to facilitate the JSC work (one fundedby Go Uandtheotherby JLOS). Office Furniture,and Assorted ICTEquipment. JSCAnnual Report2017/2018 Page23 JSCAnnual Report2017/2018 Page24 4.1 Challenges The Judicial Service Commission encountered a number of challenges during the implementation of its activities in the last financial year. Those challenges continue to manifest in the implementation of the JSC mandate as outlined below. 4.1.1 Inadequatefunding The Commissionisfacedwithachallengeofhugely unfunded training, and public legal education activities on law and administration of justice. The little funding in the previous financial year was used to cover only 48 districts out of 121 districts more over the civic education hardly covered the entire districts reached; this translated to coverage of about 39.6%. This thinly spreads the impact of the civic education activities leaving a very large percentage of the population largely ignorant of issuesthatrelatetojustice. 4.1.2 Lackofcountrywidepresence Given JSC’s mandate that requires it to reach out to the public and be accessible to the entire population, the presence of the Commission only in Kampala remains a challenge; thereby requiring the Commission to traverse the country. The public cannot also easily reach the Commission thus denial of the population of its constitutionalright. 4.1.3 Inadequatetransport The Public Complaints System and the Public Awareness campaigns require JSC officers to traverse the country to raise awareness of their rights and responsibilities, collecting people’s complaints and suggestions regarding the administration of justice in Uganda among others. However, shortage of funds for acquisition of a requisite fleet of vehicles has greatly affected these 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,towncouncilsandsubcounties.This problem has been worsened by the ageing fleet, hardtoreachareasanddifficultterrain. 4.1.4 Inadequatestaffremuneration The poor staff remuneration at the Commission has led to the inability to attract high caliber personell especially the legal professionals. 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 autonomous thus determining staff salaries in- house. This has resulted in key positions of Registrar, Deputy Registrar and Principal Legal Officer remaining vacant for long which constrains performanceandservicedelivery. 4.1.5 U lfilled Mandate nfu Owing to the shortage of human, financial and operational resources, the Commission has constraints in the discharge of its constitutional mandate. The functions that have not been adequately performedasrequiredare: ? Advising government on matters of the law and administrationofjustice; ? Making regular recommendation to government on the terms and conditions of service of judicial officers; ? Education of the public on the law and administrationofjustice; ? Training of Judicial Officers which is currently limited to: approval of study leave for judicial officers and four performance management workshops. The Commission has not been able to adequately prepare the newly recruited Judicial Officers to deliver on their roles effectively. CHAPTER FOUR JSCAnnual Report2017/2018 Page25 4.2.1 Increasing the Commission’s budget There is need to increase the Commission’s budget to the level envisaged in the Strategic Plan to enable full implementation of the Commission’s mandate particularly public legal and judicial education; and investigation of public recommendationsandcomplaints. 4.2.2 Accommodation and Regional Offices The Commission is exploring ways to own office spacefor Headquartersand Regional Officesina bid to save funds for rent and to take services nearer to the population respectively. There is also an anticipated JLOS House that will accommodate all JLOS institutions or engaging a PPPusingfundsprovidedforrent. 4.2.3 Staffingchallenges Thereisneedfor Governmenttoincreasesalariesand harmonisethepaystructureservicewidetoenablethe Commissionattractthelegalprofessionals. 4.2.4 Full implementation of the Commission’s mandate The Commission through its Committees had developed programs, work plans and budgets aimed at ensuring that all the functions as provided for in the Constitution are performed effectively. However as indicated earlier, there is need for additional funds for effectiveimplementationofthemandate. 4.2 Recommendations to Address the Challenges Annex 1: JSC staff list as at 30 June 2017 S/N NAMES DESIGNATION JSCAnnual Report2017/2018 Page26 1. Rose Nassali Lukwago Permanent Secretary 6. Semyano Faridah Principle Legal Officer, PRI 11. Nalwoga Annet Senior Personal Secretary 21. Nabulya Maria Theresa Communications Officer 26. Okumu Janet Apayi Assistant Commissioner, Human Resource 10. Kasande Maureen Owere Principle Assistant Secretary (Ag. Kemigisha Rachael Senior Human Resource Officer 20. Mugisa Samuel Principle Legal Officer, EPA 14. Barbirye Sofia Senior Records Officer 19. Latigo Laker Margaret Susan Personal Secretary 3. Mwebembezi Julius Deputy Registrar, Pri (Ag. Ginamia Melody Ngwatu Principle Legal Officer, PRI 13. Musamali William Senior Human Resource Officer 18. Allen Rukundo Owembabazi Principle Legal Officer, PRI 12. Amonding Jennifer Principle Human Resource Officer 17. Kuriigamba Geoffrey Information Technology Officer 27. Nanfuka Reges Assistant Records Officer 53. Bukirwa Cissy Lukwago Office Attendant 59. Bithum Micheal Assistant Procurement Officer 47. Ssonko Henry Muganga Accounts Assistant 57. Anyopa Siyama Kalid Office Typist S/N NAMES DESIGNATION JSCAnnual Report2017/2018 Page27 Annex 2: Staff that joined during the financial year. Kamugisha Thomas Driver JSCAnnual Report2017/2018 Page28 Annex 3: Judicial officers recruited in FY 2017/2018 1. Justice Alfonse Chigamoy Owinyi Dollo 1. Justice Christopher Martin Ezama Madrama 2. H/W Festo Nsenga JSCAnnual Report2017/2018 Page29 Title Name Deputy Chief Justice Court of Appeal Justices Judges High court Registrars Deputy Registrars JSCAnnual Report2017/2018 Page30 1. H/W Jamson Karemani Karemera H/W Kabagye Bahinguza Joy 4. H/W Douglas Singiza Karekona H/W Kule Moses Lubangula 3. H/W Mulondo Mastula Assistant Registrars Chief Magistrates Title Name Chairperson Judicial Service Commission Secretary Judicial Service Commission Under Secretary Finance & Administration Directorate of Planning, Research and Inspectorate Directorate of Education and Public Affairs Procurement & Disposal Unit PP Administration Unit Accounts unit Internal Audit Unit Communications Unit Human Resource Division Deputy Chairperson Judicial Service Commission Annex 4: JSC Organogram APPROVED MACRO STRUCTURE FOR JUDICIAL SERVICE COMMISSION JSCAnnual Report2017/2018 Page31 Policy And Planning Unit