Annual Report 2018/2019 JSC

The appointment of 39 judicial officers, covering Registrars and Chief Magistrates, was a timely enhancement of the human resource department of the Judiciary, for service delivery at the level of courts,servingthemajorityofourpeople. Arising from the disciplinary function, the Commission handed down sanctions for a number of errant Judicial Officers, ranging from dismissal, reprimand,andcaution/warning. Thesesanctionsdemonstratetheseriousnessthat the Commission is pursuing on its mandate to process complaints concerning the judiciary and administration of justice, and hold errant judicial officerstoaccount. The discharge of education and public affairs function continues to have an impact in raising public awareness on the law, the court system and observation of human rights, among our people andindoingso,enablethemasserttheirrights. I thank the president of Uganda, the Minister of Justice and Constitutional Affairs, Justice Law and Order Sector sister institutions and SUGAR TAF forthesupportrendered. I also thank the Members of the Commission for theworkaccomplished. Justice Benjamin I.Kabiito Chairperson Judicial Service Commission Hon. Kabiito, Chairperson v JSC Annual Report 2018/2019 The Judicial Service Commission Annual Report has been compiled to inform our stakeholders, especially members of the public, the Commission’s achievements in the financial year 2018/2019. This report is structuredintofourchapters. Chapteroneintroduces JSCtostakeholders.Itpointsoutthefoundationofourexistenceasembeddedin Article 146 of the Constitution of the Republic of Uganda, 1995 (as amended).The chapter also highlights our vision,mission,strategicobjectivesandvalueswhichguidetheexecutionofthe Commission’smandate.The organogramdepictsthecurrentstructure,hierarchyandstaffingposition. 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. This was done through radio talk shows, sensitization meetings, prison inmates’ workshops and performance management workshops for Judicial Officers across the country, registration and processing public complaints against Judicial Officers, court inspections ,and also engaging opinion leaders and members of the public in the fight against corruption in the courts of judicature inparticularandthejusticesystemingeneral. The third chapter of the report highlights what the Judicial Service Commission plans to do in the financial year 2019/2020. 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 Judicial Service Commission will continue to investigate complaints against errant judicial officersandtakeoradviseondisciplinaryactionasthecasemaybeindeservingcases. The fourth chapterhighlights the challenges faced by the Commission in the fulfillment of its mandate and other Government priorities and the measures identified to overcome these obstacles. Some of these challenges include: insufficient funding, limited transport facilities, and inequitable remuneration, among others. EXECUTIVE SUMMARY 1 JSC Annual Report 2018/2019 CHAPTER ONE 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, 148 and 148Aof the Constitution of the Republic of Uganda 1995 as amended, as follows: a. 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 toremovethemfromoffice: 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 Judgeofthe High Court. Theofficeofthe Chief Registraranda Registrar. To review and make recommendations on the terms and conditions of service of Judges and other Judicial Officers subject to the provisions of the Constitution. To prepare and implement programmes for the education of, and for the dissemination of information to,Judicial Officers andthepublic about thelawandadministrationof Justice. To receive and process peoples’ recommendations and complaints concerning the Judiciary and the administration of justice and, generally, to act as a link between the people and the Judiciary. To advise the Government on improving the administration of justice and perform any other functions prescribed by the Constitution or 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 removesuchpersonsfromoffice. 12 of 2015,the Commission’smandatewasexpandedby giving it power to appoint, discipline and remove other staff of the Judiciary. This provision will take effect once an enabling law is put in place by Parliament. Inaccordancewith Article147(1)ofthe 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 Commissioninrespectoftheappointmentofthe Chairperson, Vice Chairperson and Registrar of the 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 Court to be appointed by the President on the recommendation of the Judicial Service Commission. The Public Procurement and Disposal of Public Assets Act as amended provides for the JSC Chairperson to be consulted by the Minister of Finance, Planning and Economic Development over the appointment of the Chairperson of the Public Procurement and Disposal of Public Assets Appeal Tribunal. 2 JSC Annual Report 2018/2019 Vision An effective, responsive and efficient judicial service. Article 147(2) Independence: 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. The JSC serves Impartiality: 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. The Commission Integrity: 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. JSC staff are Propriety: 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. The Commission strives Equity: 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. To foster an accountable and effective judicial service through competence-based recruitment, disciplinary control, stakeholder engagement, and public and judicial education. 3 JSC Annual Report 2018/2019 1.2 Strategic Objectives 1. To identify suitable persons for appointment as Judicial and non-Judicial Officers to all levels of the Courtsof 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 legaleducationprogrammes. To exercise disciplinary control over Judicial and non-Judicial Officers in accordance with the set ethicalstandardsandcodesofconduct. To process people’s recommendations and complaints concerning the judiciary and the administrationofjustice. To strengthen the institutional capacity of JSC to deliver its mandate. 1.3 Composition and Structure of the Commission T h e M e m b e r s h i p o f t h e Commission is spelt out under Article 146 of the Constitution as follows: ? AChairperson who is a person qualified to be appointed as a Justiceofthe Supreme Court; ? ADeputy 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 ? Six Members, whose respective nomination is directly linked to specified stakeholder institutions,thatis,onememberfrom the Public Service Commission, two Advocatesnominated by the Uganda Law Society, one representative of the Judiciary, and two members of the Public (notlawyers)nominatedbythe President; ? The Attorney General, who is an ex-officio memberofthe Commission. The Secretary who shall be appointed by the President on the advice of the Public Service Commission. The Current Commission which is the fifth since the promulgation of the Constitution in 1995 was th sworn in on 5 December 2016. Justice Benjamin Kabiito Chairpesron 2 Hon. Lady Justice Faith Mwondha Deputy Chairperson 3 Hon. Rose Nassali Lukwago Secretary 10 Name No. Title 4 JSC Annual Report 2018/2019 The Chairperson, Deputy Chairperson, Members of the Commission and the Secretary JSC 1.3.2 The Judicial Service Commission Secretariat a. Organisationandoperationofthe Commission; b. Tenderingadvicetothe Chairpersoninrespectofthebusinessofthe Commission; c. Implementingthepoliciesofthe Governmentof Uganda; d. Ensuringproperexpenditureoffundsofthe Commission; e. Implementing policy decisions of the Commission; the day-to-day administration and management of theaffairsofthe Commission;andthecontroloftheotherstaffofthe Commission; f. Arranging the business for and the recording and keeping the minutes of all decisions and proceedings ofthe Commissionanditsmeetings; g. Performinganyotherfunctionassignedtohim/herbythe Commission. 1.3.2.1 The Directorate of Education and Public Affairs (EPA) 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 administrationofjustice; 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. The overall responsibility of the Secretariat is to facilitate the Commission in the delivery of its Constitutional mandate.The Secretariatisheadedbya Permanent Secretary/Secretarytothe JSCwhoisresponsiblefor: 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). 1.3.2.3 The Department of Finance and Administration a. Planning,budgetingandmonitoringtheimplementationofworkplans; b. Acts as a Secretariat to the Commission and coordinates the implementation of Government policies anddirectives; c. Secretariatforthe Searchand Recruitment Committeeofthe Commission; d. Handlingtherecruitmentanddisciplinaryrecordsofjudicialand JSCstaffandadministrativerecords; e. Managingthe Commission’sphysicalassets; g. Handlingtherecruitmentofjudicialstaff; i. Handling Publicprocurementanddisposalfunctionsofthe Commission; j. Provisionofallthenecessarylogisticsfortheproperfunctioningofthe Commission. The Department is headed by the Under Secretary, and its functions are listed below: 5 JSC Annual Report 2018/2019 1.3.3 Committees of the Commission th The 5 Judicial Service Commission established threestanding Committeesthroughwhichbusiness pertaining to the JSC mandate is executed. Disciplinary Committee: This Committeeischargedwithhearingdisciplinary 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 numberofsittingsfromonetofourtimesamonth,in addition to two retreats held twice a year to handle disciplinary matters. The increased sittings have resulted into reduction of the case backlog that the th 5 Commissioninherited. Searchand 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 actiontothefull 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 policiesforsubmissiontothe Commission. Headsof Department Committee: This Committee is chaired by the Permanent Secretary/Secretary to the Commission. The Committee sits every end of the month to review progress against quarterly work plans and other issues to be considered by the Top Management Committee. The membership of this Committee is Headsof 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 Units as well as senior level officers. 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 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 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,Planningand Economic Development. 6 JSC Annual Report 2018/2019 Table 3: Officers who Left Service for Other Reasons 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 recruitment for the 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 Year2017/2018,the Commissionhad77positionsfilledoutof112.Thefullstafflistandthestaffthat joinedduringthe FY2017/2018areattachedas Annex1and Annex2respectively. Nuwagaba Robert Munyenye Senior Human Resource Officer Transferred from Ministry of Public Service Commission Table 2: Transfers from the Commission Name Title Remark Name Title Remark Mr. Musamali William Senior Human Resource Officer Transferred to Ministry of Internal Affairs Mr. Kizza Pastor Senior Office Supervisor Retirement in public Interest 7 JSC staff in a group photo with the Permanent secretary th (first row 5 from the right) 2.1 Physical performance of the Commission during the Financial Year 2018/19 The Judicial Service Commission appointed 39 judicial officers to fill vacant positions in the judiciary. Specifically 4 Assistant Registrars, 18 Chief Magistrates and 17 Grade One Magistrates were appointed. Detailsofthe Judicial Officersrecruitedduringthefinancialyearareshowninthetablebelow. 115 Complaints were registered into the system and the 78 were referred to other institutions for necessary actions to be taken. The cases registered increased the complaints in the system from 227 to 342 The Disciplinary Committee handled and recommended for closure 190 complaints cases in FY 2018/2019. Position Number of Judicial Officers Appointed Male Female 1. Of these,31 complaints had merit,92 complaints had no merit,7 needed further investigations,3 required the respondents to respond,3 needed the Chief Registrar to forward the files and 3 of them were recommended for interface. These complaints were investigated in various areas including Nebbi, Luwero, Kasangati, Masindi, Masaka, Makindye, Fortportal, Kasangati, Nakawa High Court, Jinja, Kitgum, Busia, Kayunga, Kagoma, Ngora, Kapchorwa and Mwanga II, Gulu, Bundibugyo, Kampala land and Family Division, Sembabule, Matate, Kisoro, Commercial court, Buganda Road, Kakiri, Mpigi, Ngoma, Kiboga, Mengo, Busia, Kangulumira, Kyenjojo, Nabweru, Kabale, Iganga, Jinja, Mukono, Nwoya, Rakai, Masakaand Lugazi. The Commission conducted public sensitization on the use of the public complaints system in the districts of Mayuge, Kyankwanzi, Katakwi, Masindi, Masaka, Tororo, Lwengo, Kyegegwa and Buyende districts. Over 1800 people in these areas reached were sensitized about Mandate of JSC, the public complaints system and people’s inquiries and recommendations regarding the administration of justice were received through open discussions. Some of the complaints raised during the sensitization were registered for further investigations. 2.1.4 Public Legal Education The Commission received a total of 4048 calls in FY 2018/2019. One hundred sixty nine (169) of these had directcomplaintssuchasdelayedhearingofcases,allegationsofcorruptionandbriberyamongothers. Table 6: Nature and number of calls received PIE CHART ILLUSTRATING NATURE OF CALLS RECEIVED; Table 7: Presentation of Toll Free Telephone Calls by region Region No. of Calls Central Eastern South/ South Western Northern Total 1348 801 1329 570 4,048 10 JSC Annual Report 2018/2019 Legal Advice 2.1.4.2 Legal education in schools The Commission carried out sensitization in Nyamigisa Boys’ school in Masindi district on the rights of children. The Commission conducted 24 district market sensitization workshops in Lwengo, Mpigi, Rubirizi, Bunyangabu, Rukungiri, Isingiro, Kibale, Masindi, Namayingo, Busia, 2.1.4 Public Legal Education Yumbe, Katakwi, Amuria, Napak, Abim, Butaleja, Moyo, Ajumani, Amuru, Nakapiripirit, Nabilatuk, Bukedea districts. The public were sensitized about Domestic violence, succession law, administration of justice in courts of law and alternative Dispute resolution (ADR) particularlymediation. 2.1.4.1 District sensitization workshops District leaders from Kaabong during an activity on civic awareness on rights and obligation of citizens 11 JSC as the people’s bridge at Kajuura market in Masindi district. 2.1.4.5 Prisons Inmates’ Workshops 14 Prison inmates’ workshops were held in the prisons of Kabasanda in Butambala district, Kyazanga in Lwengo district, Mubuku in Kasese district, Rubirizi in Bunyangabu district, Rukungiri government prison, Isingiro government prison, Kibale government prison, Masindi government prison, Abim prison, Amuru prison, Ajumani prison, Amuria prison, Busia prison, Butaleja prison, Katakwi prison, Namayingo prison, Yumbe prison and Bukedea prison. The inmates were sensitized on the mandate of JSC, trial procedure, bail application, plea bargain, and small claim procedures. Secondry school sensitization by JSC on the rights of children in Nyamigisa Boys’ school in Masindi district. 2.1.4.4 Radio and Television Talk Shows Inordertoreachouttoalargenumberofthepopulation,the Commissionconducted46radiotalkshowsinthe districts of Mpigi, Kaberamaido, Soroti, Kumi, Kitigum, Arua, Nebbi, Nakasongola, Kotido, Moroto, Kibale, Nakapiripirit, Kyenjojo, Soroti, Bukedea, Napak, Ajumani, Masaka, Mbarara, Fort Portal, Kabale, Iganga, Jinja, Kamuli, Amudat, Nakasongola, Gulu, Kampala, Kotido, on the mandate of JSC, LC courts, court bail, pleasbargain,smallclaimprocedure. Inadditiontoradiotalkshows,18TVjingleswereshownon NTVand Bukedde TVand100radiojinglesaired. 12 JSC sensitises prisoners in Mobuke prison in Kasese district on their rights and criminal trial procedure Productionanddisseminationof IECmaterials The Commission produced IEC materials on different laws and administration of justice. The materials produced include those on sexual offenses, land dispute resolution, succession law, domestic violence, children’srightsandthemandateof JSC The Commission aired anti-corruption messages on the billboards at Kitgum house and Clock tower. The messages were played 100 times a day for three months. Posters and charts on anti-corruption were developedanddistributedthroughoutthecountry. 2.1.5 Anti-Corruption Activities 13 JSC Annual Report 2018/2019 A JSC Principal Legal Officer enages court users on various contained in the IEC materials distributed to them The Commission had trainings with judicial officers in Lira, Fortportal , Kampala, Luwero , Arua High Court Circuits, Jinja and Mbale high court circuits where over 106 judicial officers were educated about mindset change, mental preparedness amidst deployment, public complaints system and theroleof JSCintheadministrationofjustice. 2.1.6 Judicial Education The Commission subscribed for its staff members who are professional lawyers to the Uganda Law Society, and the accountants to ICPAU,ACCAand CIPS. The subscriptions enable staff to network and interact with professionalcolleaguesandalsobenefitfromthecontinuousprofessionalengagements. To ensure that the Commission is kept abreast on the operations of courts, inspections were conductedin27courtsacrossthecountryduringthe financial year 2018/2019. The courts inspected include; Masaka High Court, Masaka Chief Magistrates Court, Ssembabule Court, Mateete Courts, Lukaya Court, Arua High Court, Chief Magistrate’s Court Arua, Chief Magistrate’s Court of Nebbi, Chief Magistrate’s Court of Moyo, High Court Executives Division, Lira High Court, Chief Magistrate’s Court of Lira, Anyeke/Oyam Chief Magistrate’s Court, Aboke Magistrate’s Court, Gulu High Court, Chief Magistrate’s and Magistrate’s Courts, Tororo Chief Magistrate’s Court, Butalejja Grade I Magistrate’s Court, Malaba Grade II Magistrate’s Court, Nakifuma Magistrate’s Court, Kangulumira Grade II Magistrate’s Court, Mukono High Court, Gomba, Kanoni, Kabulasoke, Kiriri and Maddu Courts. Theinspectionreportshighlightedthefollowing. Insufficientfurnitureforusebycourtstaffandlitigants. Unsuitable court premises, this is mainly in cases where the court premises are rented. At Kanoni court for example, the structure that houses the court is dilapidated and infested with batsandthepremisehasanawfulsmell. Complex procedures for requesting for funds for locus visits by Magistrates. Insufficientequipment;mostofthecourtsreportedhavingashortageofcomputers,printersand photocopierswhichslowsdowncourt’swork. Sanitation facilities are in a deplorable state in some courts. During inspection at the Chief Magistrate’s Courtat Lira,itwasfoundthatthesanitationfacilityforlitigantsisoutofuse. Many of the courts reported being inadequately staffed. This is in terms of judicial officers and support staff. Some of the courts were created but do not have substantive judicial officers.This hascausedcommunitiestoloseconfidenceinthejusticesystem. In order to deliver the above outputs, various administrative and human resource support activities were undertakenasfollows: a. Staffcapacitywasenhancedintermsoftraining; b. Staffcapacitywasenhancedintermsoftraining; b. The quarterly and annual performance reports as well as the budget for the next financial year were prepared; The findings from inspection conducted were shared with the Judiciary for further actions to be taken. 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 collection services, corporate wear was delivered to staff and JSC website domain was renewed; f. The IFMS equipment was competently maintained and this allowed submission of complete, accuratefinancialstatements; g. The Budget Framework Paper, Ministerial Policy Statements and final budget for Financial Year 2019/2020werepreparedanddulyapprovedinaparticipatoryprocess. 2.1.10 Monitoring and Evaluation Monitoring and Evaluation Exercises was undertaken in Gulu, Nebbi, Nwoya, Moroto, Napak, Abim, Ngora, Bukedia, Butaleja, Kagoma, Jinja, Kayunga, Namayingo, Kasangati and Mwanga II, Kyenjojo, Kibaale, Mubende, Namayingo, Busia, Tororo, Lwengo, Masaka and Butambala, Bundibugyo, Kasese, Fortportal, Sembabule, Kyegegwa, Gomba, Luwero, Nakasongola, Nakaseke, Masindi, Buyende, Kamuli, Palisa, Kaliro,Kisoro, Kabale, Sheema, Arua, Zombo, Adjumani, Butambala, Lugazi, Njeru and Kasangati districts/magisterial areas. The M&E exercise is meant to assess the impact of the Commission activities in the areas of recruitment, discipline and civiceducationandcourtinspections.Informationis got from judicial officers and members of the public about opinion about the performance of the Commission and their views of how we can serve thembetter. 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 2.1.11 Internal Audit The Commission procured two station wagons, a motorcycle, 21 computers, 3 laptops, 8 printers and assortedofficefurniturefortheboardroomandstaff. The funds appropriated, released and spent for the FY 2018/2019 from both Go U and JLOS sectorwidefundingwereasfollows:- 15 JSC Annual Report 2018/2019 A legal clerk from JSC receiving a complaint from a member of the public during a sensitisation activity at a market place in Bunyangabu District Table 9: Appropriation of funds by program for FY 2018/2019 under (GOU) Program Budget UGX’000 Released (`000) Spent (`000) Recruitment and discipline of Judicial Officers 1,660,000 1,580,000 1,560,000 Public Legal awareness and judicial education 1,240,000 1,230,000 1,230,000 Complaints management and advisory services 1,050,000 1,050,000 1,050,000 General administration, planning, policy and support services 6,040,000 6,320,000 6,310,000 Total 9,990,000 10,180,000 10,150,000 The Commission further received a total of UGX 1,803,772,000 for implementation of its planned activities under JLOSSWAPfor FY2018/2019. Adetailedbreakdownofthereleasedfundsunderthe JLOSSWAPfundfor JSCfor FY2018/2019isshownin thetablebelow. Table 10: Financial Performance for FY 2018/2019 under JLOS SWAP. The excess of 1.9% of the total budget was a supplementary released to cater for part of the accumulated pension arrears for the retired Permanent Secretaries. The table above shows that the Commission received 81.5% of the approved budget for implementation of the SWAPworkplanactivitiesfor FY2018/2019. 17 JSC Annual Report 2018/2019 Procure equipment to support the function of educating the public about law and administration of justice 27,500 27,500 27,360 Developing and producing posters, brochures, booklets about different laws and administration of justice 120,000 98,800 98,800 Capacity building in citizens engagement , communication skills and research in order to effectively carry out civic education 70,000 70,000 69,998 Establishment of a radio station for efficient and effective delivery of information on law an administration of justice to the entire country 130,000 123,400 38,332 Running radio jingles country wide 100,000 55,020 42,933 Anti-corruption barazas and handling corruption related complaints targeting 50,000 people in 25 districts 231,625 110,160 104,142 Meeting on sensitization of public complaints 92,864 73,932 70,220 Capacity building of 4 officers to conduct effective investigations for JSC corruption related complaints 50,000 50,000 50,000 SMS messages about the role of JSC in receiving and processing corruption related complaints against judicial officers 50,000 23,500 20,781 Development and production of IEC materials on Anti – corruption to be circulated countrywide 62,500 51,180 51,180 Clear 350 corruption related complaints against errant judicial officers (investigation, prosecution, serving sermons, Dc meetings, witness allowances and stationery) 300,000 242,078 239,474 Design and print 10,000 A5 copies of the JSC Client service Charter ( popularization and dissemination 50,000 49,100 15,117 JSC stakeholders forum for dissemination of findings from JSC activities to stakeholders 23,250 23,250 – Preparation of the joint sector annual report 10,000 10,000 10,000 Total 2,211,939 1,803,772 1,499,762 Activity Approved Budget UGX (`000) Release (`000) Spent (`000) The Commission expects to receive a total of UGX 9,706,305,000 (Uganda Shillings Nine billion seven hundred six million three hundred five thousand only) through Government of Uganda and UGX 719,620,000 (Uganda Shillings seven hundred nineteen million, six hundred twenty thousand)through JLOSSWAPfunding. Some positions will be filled through promotion of deserving judicial officers already in the system. In addition, the Commission will confirm all eligible judicial officers upon recommendation received fromthe 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 250 complaints in the systembythecloseofthefinancialyear. 3.2.1 Investigation of Cases The Commission will ensure prompt handling of complaints received. In the FY 2019/2020, the Commission plans to investigate 160 complaints casesfromthepublic. 3.2.2 Disciplinary Committee Meetings The Commission will hold 36 disciplinary committee meetings to consider investigated cases and have Table 13: Projected Budget Allocations per Activity for the FY 2019/2020 (JLOS) In line with the approved budget for FY 2018/19, JSC intends to implement the following activities 19 JSC Annual Report 2018/2019 Output Budget (`000) Clear 250 complaints 125,000 Capacity building of JSC Members and secretariat in diversity management and interviewing skills 39,000 Performance enhancement training for Members and staff in pre-employment vetting of judicial applicants 49,600 Development and production of investigations, prosecution and sanctions guide 15,000 Support to policy and planning unit through procurement of printer and laptop 6,000 Support and equip JSC Moroto and Arua resource centres 50,500 Develop key media messages on JSC innitiatives 12,000 Printing IEC materials for dissemination during sensitisation 125,000 Staff training in gender and diversity 22,900 Sensitization on public complaints system 1,920 Development of the anti – corruption strategic action plan 20,000 Engaging the media about JSC processes 18,600 Capacity building of staff in forensic investigations 105,600 Preventive anti-corruption barrazzas 77,000 Staff capacity building in effective prosecution 12,500 Development and production of posters about JSC complaints system 30,000 Total 719,620 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 incurred by the complainants and their witnesses. In FY 2019/2020 it is estimated that a total of 35 complainants and 70 complainants’ witnesses will be required to appear before the Disciplinary Committee. 3.2.3Public Complaints System The Commission will continue to receive the complaints from the public about judicial misconduct through the several avenues. The differentmethodscurrentlyinuseare: 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 willcontinuetobeprovided. Useof Suggestion/Complaints Boxes The Commission has suggestion/complaints boxes installed 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 monthlybasisandtakeappropriateaction. Postal Services The Commission uses the postal services and encourages members of the public and private spheres to make use of it in pursuit of justice. All correspondences should be addressed to the Secretary, Judicial Service Commission P.O Box 7679,Kampala. Electronicmailservices The Commission has a vibrant website at www.jsc.go.ug and an email address: info@jsc.go.ug through which we can be contacted. We project to register a total of 120 new complaints which will all be subjected to the established process for appropriate resolution. The meetings are meant to sensitize the local community and opinion leaders on matters of the law and administration of justice thereby empowering the public to access justiceasarightandnotaprivilege. 3.3.2 Prisons Inmates Workshops and Televisionspotmessage The Commission will conduct Prisons Inmates Workshops in 16 prison facilities across the country. The workshops are meant to inform the prisoners of their rights and trial procedures preparing them for trial. 3.3.3Radiosensitization The Commission will conduct sensitization of the local council courts through the radio in 40 districts throughout the country. Television spot messages will also broadcast about the mandate of the Commission as an anti-corruption agency in the fightagainstcorruption. The Commission will subscribe to the International Organization for Judicial Training. This will make the Commissionafullmemberoftheassociationthatbringstogetherthebestjudicialeducationinstitutionsinthe world. This will enhance capacity of JSC to design and implement educational programmes for judicial officers The Commission will produce and disseminate IEC materials on different laws.This will be in form of posters, billboards,brochures,fliersandstickers. 3.7 Anti-Corruption Drive The Commission will conduct preventive anti- corruption barazas in 16 districts. 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 Judiciaryandseektheirsupporttocombatit. 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 andstateofcourtinfrastructure. Additionally, court inspections will enable the Commission to check on adherence to policies, standards and good practices expected of institutionsunderthepublicserviceof Uganda. 3.8.2 Research The Commission will also conduct a research study toinformadministrationofjusticein Uganda. 3.8.4 Subscription to Professional Bodies The Commission will continue to subscribe to the Uganda Law Society and the East African Law Society. In this regard, the Commission as an institution and 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. The Commission will also pay subscription to the International Judicial training Association to acquire more skills in judicial education. 21 JSC Annual Report 2018/2019 3.10 Finance and Administration Administrative support services will continue to be providedandkeyoutputsinclude: ? Uninterrupted provision of utilities, i.e. electricity,telephoneservicesandwater; ? Provisionofinternetandother IT services; ? Renewal of JSC Website Domain and hosting as well as maintaining and updating it; ? Provisional of consumable supplies such as officestationery,tonercartridgesetc; ? Servicing and repair of office equipment, including IFMSand IPPS; ? Procurement of staff uniforms and corporatewear; 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 b a l a n c e s w i t h a p p r o p r i a t e recommendationstomanagement; ? Carry out Risk assessment, with clear categorization of long and short term risks and the remedial actions to address or averttherisks; ? 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 recommendationsforperformanceimprovement. 3.12 Human Resource Management The human resource management function will be executedinthefollowingways; ? Payment of the Commission Members’ retainerallowances ? Submitting the Commission’s staffing requirements to Public Service Commission; ? Liaising with the Judiciary on their human resourceneeds; ? 3.13 Capacity building The Commission recognizes the importance of having its members of staff with appropriate work skills, attitude and adaption to change. JSC therefore plans to build capacity of its Members in diversity management and interviewing skills, the investigators on how to handle forensic investigations, prosecutors on how to effectively prosecute the complaints and enhance skills in genderawarenessanddiversityforallstaff. 3.14 Implementation of HIV Workplace Policy The implementation of the HIV/AIDS workplace policy will continue, with the aim of attaining zero workplace infections, zero workplace stigma and zero AIDSrelatedemployeedeath. The Commission shall continue to engage experts to sensitise the staff and reinforce positive behaviour among them aimed at prevention of HIV transmission. The other areas that the Commission shall focus on are: drug adherence, nutrition and otheraspects ofpositive living thatthestaffmay find useful in their immediate and extended families, as wellasinthecommunitiesinwhichtheylive. 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 support in implementing the HIVworkplacepolicy 22 JSC Annual Report 2018/2019 3.15 Planningand Policyfunction JSC will prioritize strengthening of the Policy and Planning Unit to ensure a smooth, reliable and effective planning and reporting process. Preparethe Budget Framework Paperand workplanfor FY2020/2021; ? Preparethe Ministerial Policy Statement; ? Coordinate preparation of the Strategic Plan for the next planning period (2021- 2024); ? Preparation of the JSC annual report 2018/ 2019. 3.16 Monitoring and 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. The exercise will focus on the following: ? Performance of the Complaints Handling Mechanism, including getting feedback from judicial officers on the Commission’s performanceofitsdisciplinaryfunction; ? Public perception on the performance of judicialofficersintheirareas; ? The coverage and effectiveness of the civic educationprogrammes;and ? The coverage and effectiveness of the courtinspectionexercises. 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 procure the following capital items: ? Assorted ICTEquipment 23 JSC Annual Report 2018/2019 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 Inadequate funding The Commission is faced with a challenge of hugely underfunded activities of public legal education on law and administration of justice, investigation of complaintsandrecruitmentofjudicialofficers. 4.1.2 Inadequate transport The Public Complaints System and the Public Awareness campaigns require JSC officers to traverse the country to raise awareness of people’s 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. 4.1.3 Unfulfilled Mandate 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 andadministrationofjustice; ? Making regular recommendation to government on the terms and conditions of serviceofjudicialofficers; ? 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 deliverontheirroleseffectively. 4.2.2 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 indicatedearlier,thereisneedforadditionalfundsforeffectiveimplementationofthemandate. Rose Nassali Lukwago Permanent Secretary 2. Mwebembezi Julius Deputy Registrar, PRI (Ag. Okumu Janet Apayi Assistant Commissioner, Human Resource 6. Semyano Faridah Principal Legal Officer, PRI 7. Allen Rukundo Owembabazi Principal Legal Officer, PRI 8. Ginamia Melody Ngwatu Principal Legal Officer, PRI 9. Mugisa Samuel Principal Legal Officer, EPA 10. Kasande Maureen Owere Principal Assistant Secretary (Ag. Amoding Jennifer Principle Human Resource Officer 13. Musamali William Senior Human Resource Officer 14. Babirye Sofia Senior Records Officer 15. Kemigisha Rachael Senior Human Resource Officer 16. Nalwoga Annet Senior Personal Secretary 17. Nabulya Maria Theresa Communications Officer 22. Kuriigamba Geoffrey Information Technology Officer 23. Latigo Laker Margaret Susan Personal Secretary 25. Atukunda Joan Records Officer 25 JSC Annual Report 2018/2019 42. Bithum Micheal Assistant Procurement Officer 43. Nanfuka Reges Assistant Records Officer 49. Ssonko Henry Muganga Accounts Assistant 52. Bukirwa Cissy Lukwago Office Attendant 58. Kamugisha Thomas Driver S/N NAMES DESIGNATION 26 JSC Annual Report 2018/2019 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 Policy And Planning Unit 27 JSC Annual Report 2018/2019