An Act to give effect to Chapter Eight of the Constitution relating to the Judiciary; to provide for the efficient and effective administration of the Judiciary; to establish the Judiciary Council to advise the Chief Justice on the administration of justice and the courts; to establish a Judiciary Service within the Judiciary; to strengthen the independence of the Judiciary by streamlining the provision and management of funds for the Judiciary and establishing structures within the Judiciary to improve the performance of the Judiciary; to provide for retirement benefits of judicial officers and for related matters.

Administration of the Judiciary Act

<p>The Administration of the Judiciary Act, Cap 4, gives effect to Chapter Eight of the Constitution on the Judiciary. It sets up the bodies and rules that run Uganda’s courts, improve their efficiency, handle complaints against staff, and provide retirement benefits for judicial officers. It mainly applies to judicial officers, Judiciary staff, and persons who engage with the court system through inspections or complaints.</p><h3>Key Definitions</h3><p>The Act defines several important terms. A <strong>judicial officer</strong> includes the Chief Justice, Deputy Chief Justice, Principal Judge, Justices of the Supreme Court and Court of Appeal, judges of the High Court, registrars, magistrates, and other prescribed court-connected officers.</p><ul><li><strong>Superior courts</strong> means only the Supreme Court, the Court of Appeal, and the High Court.</li><li><strong>Lower bench</strong> means magistrates courts and any court below the High Court.</li><li>One <strong>currency point</strong> is fixed at 20,000 Uganda Shillings.</li><li>The <strong>Judicial Service Commission</strong>, <strong>Judiciary Council</strong>, and <strong>Judiciary Service</strong> are established under the Constitution and this Act.</li></ul><h3>Chief Justice’s Administrative Powers</h3><p>The <strong>Chief Justice</strong> has broad power to administer the Judiciary under Article 133 of the Constitution. The Chief Justice may assign higher-status administrative duties to a judicial officer for a set period, establish performance and evaluation systems, and take any other action needed to exercise those constitutional powers.</p><h3>Judiciary Council and Its Committees</h3><p>A <strong>Judiciary Council</strong> is established within the Judiciary. It is chaired by the Chief Justice, or the Deputy Chief Justice in the Chief Justice’s absence, and must meet at least once every three months. The Chief Registrar is its secretary.</p><ul><li>Members include the Deputy Chief Justice, Principal Judge, Attorney General, Director of Public Prosecutions, Solicitor General, Chief Registrar, Secretary to the Judiciary, Secretary to the Treasury, President of the Uganda Law Society, Chairperson of the Law Council, Chief Inspector of Courts, representatives of superior courts and the lower bench, and two members of the public nominated by the Judicial Service Commission.</li><li>The Council advises the Chief Justice on planning, funding, ethics, staff welfare, monitoring, and other administrative matters.</li></ul><p>The Chief Justice must establish committees within the Judiciary, including committees for planning, development and finance; human capital development, gender and equity mainstreaming; information, communications technology and documentation; and audit. Each committee has specific duties, such as budgeting, training, library services, and oversight of assets.</p><h3>Inspectorate of Courts</h3><p>An <strong>Inspectorate of Courts</strong> is established and headed by a <strong>Chief Inspector of Courts</strong>, who is a Justice of the Supreme Court designated by the Chief Justice for a renewable three-year term. The Inspectorate reports to the Chief Justice.</p><ul><li>It receives and processes complaints against Judiciary staff.</li><li>It investigates maladministration of justice and may examine court and administrative records.</li><li>It can compel people to supply information, appear before it, or produce documents when exercising its functions.</li><li>It enforces the Judicial Code of Conduct and the Public Service Code of Conduct.</li><li>It must observe equity, natural justice, and impartiality, and the Chief Inspector must produce quarterly reports.</li></ul><p>The Inspectorate can only carry out its mandate through <strong>ad hoc inspections, scheduled inspections, extended or comprehensive inspections, special inspections, surveys, and investigations</strong>. It has a secretariat headed by a Registrar.</p><h3>Judiciary Service and Key Officers</h3><p>A <strong>Judiciary Service</strong> is established, consisting of judicial officers and staff. The Judiciary Service must follow the Constitution, the Judicial Code of Conduct, and promote honesty, integrity, and transparency. Appointments are made by the Judicial Service Commission, except for positions appointed by the President.</p><ul><li>The <strong>Chief Registrar</strong> must be eligible for appointment as a Judge of the High Court. The Chief Registrar gives effect to policies of the Chief Justice, Deputy Chief Justice, and Principal Judge, oversees judicial operations, monitors service quality, communicates with Government and the public, and links the Judiciary with the Judicial Service Commission on appointments and discipline.</li><li><strong>Registrars</strong> manage the registries of the Supreme Court, Court of Appeal, and High Court, and handle planning, research, human resource development, and training.</li><li>The <strong>Secretary to the Judiciary</strong> is appointed by the President. The Secretary organises the Judiciary, advises the Chief Justice on administrative business, implements Government policies and the Judiciary Strategic Plan, and is responsible for the expenditure of public funds. The Secretary is answerable to Parliament.</li></ul><h3>Performance Management and Judicial Training</h3><p>The Chief Justice must set up a <strong>Performance Management System</strong> within the Judiciary. A <strong>Judicial Training Institute</strong> must also exist to provide specialised and continuous education to the Judiciary Service. The Chief Justice designates a Judge to be the Director of the Institute, and the Director may approve training for other persons or institutions.</p><h3>Leave for Service in Other Institutions</h3><p>A judicial officer or Judiciary staff member appointed or seconded outside the Judiciary must apply to the Judicial Service Commission for <strong>leave of absence</strong>. Appointments require leave without pay, while secondments require leave from the Judiciary. Leave can be granted for up to three years, with some exceptions for national quota appointments or appointments under treaties or conventions. Time on leave without pay does not count toward certain retirement benefits. If a judge of a superior court is on leave without pay, the President may appoint an acting judge, but the acting judge is not entitled to retirement benefits.</p><h3>Retirement Benefits and Survivor Benefits</h3><p>Retirement benefits apply to judicial officers who retire after the Act commenced, and to those who retired before it commenced and were already receiving a pension under the Pensions Act. The covered offices include the Chief Justice, Deputy Chief Justice, Justices of the Supreme Court and Court of Appeal, Principal Judge, Judges of the High Court, Chief Registrar, Registrars, and Magistrates.</p><ul><li>The Chief Justice and Deputy Chief Justice receive benefits set out in <strong>Schedule 2</strong>.</li><li>Justices of the Supreme Court and Court of Appeal receive benefits in <strong>Schedule 4</strong>.</li><li>The Principal Judge and Judges of the High Court receive benefits in <strong>Schedule 5</strong>.</li><li>Other judicial officers receive benefits in <strong>Schedule 6</strong>.</li></ul><p>A judicial officer can retire on medical grounds, or with the President’s consent (for senior officers) or Judicial Service Commission consent (for magistrates). A judicial officer removed from service or who absconds from duty loses entitlement to benefits under this Act. Funeral arrangements for a serving Chief Justice, Deputy Chief Justice, Principal Judge, or Justice of the Supreme Court follow <strong>Schedule 3</strong>.</p><p>If a judicial officer dies in service, surviving spouses and dependant children receive a one-off lump sum and a monthly retirement benefit for fifteen years. If a retired officer receiving a monthly benefit dies, the survivors receive the monthly benefit for the unexpired part of the fifteen years. Retirement benefits are charged on the <strong>Consolidated Fund</strong> and are <strong>exempt from tax</strong>. Judicial officers under this Part are not governed by the Pensions Act.</p><h3>Funding and Financial Management</h3><p>The funds of the Judiciary include money appropriated by Parliament, grants or donations approved by the Minister responsible for finance, and other moneys received by the Judiciary. All Judiciary funds must be paid into the <strong>Judiciary Fund</strong> established under this Act. The Judiciary must open and maintain only bank accounts approved by the Accountant General.</p><ul><li>Money approved by Parliament for Judiciary expenses is charged directly to the <strong>Consolidated Fund</strong>.</li><li>The Judiciary’s financial year runs from <strong>1 July to 30 June</strong>.</li><li>The Judiciary must keep proper books of accounts, and the Auditor General audits them under the National Audit Act.</li><li>The Chief Justice must publish an annual performance report and send copies to the President, the Speaker, and other stakeholders.</li></ul><h3>Regulations and Schedule Changes</h3><p>The Minister may make regulations by <strong>statutory instrument</strong> to help the Act work effectively, but only after consulting the Chief Justice. The Minister may also amend <strong>Schedule 1</strong> on currency points, but only with Cabinet approval and by statutory instrument.</p><p>This summary is for general information only and does not replace the official text of the Administration of the Judiciary Act, Cap 4. For specific legal advice, please consult a qualified lawyer or the relevant court or government office.</p>

The Minister can make regulations to help this Act work better. The Minister must consult the Chief Justice before making these regulations. The regulations must be made by statutory instrument. The aim is to ensure the Act's provisions are carried out effectively.

The Minister may, by statutory instrument and after consultation with the Chief Justice, make regulations for better carrying into effect this Act.

Section 39: Minister may make regulations after consultation

The Minister may, by statutory instrument, after consultation with the Chief Justice, make regulations for better carrying into effect the provisions of this Act.

Section 39: Minister may make regulations after consultation

39.Regulations

Plain English Summary