Deputy CJ Urges Newly Appointed Judges  to Reduce case backlogs  

The Deputy Chief Justice Designate as well as the Principal Judge Dr.Flavian Nzeija , has challenged the newly appointed High Court Judges to balance the Judgment date and hearing date so as to be able to reduce on the case backlogs in courts of Judicature across the country. 

 The Deputy Chief Justice Designate told the newly appointed 21 Judges that the Judiciary deemed it necessary to induct them to enable them get the necessary confidence and legal expertise required when dispensing justice to court users. He made these comments in Entebbe during the ongoing two -week induction training for the newly appointed High Court Judges.

Justice Dr. Nzeija told the newly appointed High Court Judges that:

‘The induction training is intended to equip you with the necessary skills required in dispensing justice. You should accomplish your obligations timely and make sure you offer exceptional services to solve the issue of case backlogs,” said Justice Nzeija.

‘Offer corruption free services, be transparent, accountable to the people of Uganda in addition to offering justice for all.’ 

Dr. Nzeija asked the newly appointed Judges to keep people at the center of their services as they observe the principles of natural justice.

“Do justice to all irrespective of their social or economic status for example you need to know the people you serve.  You must know that there are court users who can’t afford even Shs.1000. I remember when I was still a Resident Judge in Mbarara, I adjourned a case then all of a sudden a certain lady started crying,  upon asking her she told me she sold her two goats to bring witnesses to court. I told her to stay around with her witnesses before I proceeded for a burial.

 While at the burial the moment they started introducing everyone and also introduced me as the Mbarara Resident Judge, I sneaked out and went back to court. I informed my colleague that I was going back to court and he asked me whether I was working to get a gold medal but I ignored this and went back to court and attended to all her witnesses. When I was coming out of court I asked her if I thought I had attended to her matter and she replied ” may God bless you, “Justice Nzeija narrated.

‘Therefore, know your environment –promote reconciliation between parties and the constitution mandates you to do so. You should also offer transparent and substantive justice to our people and offer justice without delay, Justice Nzeija implored newly appointed Judges.

‘Exercise supervisory jurisdiction as well as your supervisory powers and you must exercise these powers cautiously and reasonably.

‘ Judicial review proceedings must be well thought out and must be necessary in the circumstances of each case , otherwise you have the potential to cripple government business by issuing an injunction or quashing administrative policies or decisions if caution is not taken . For example a project where the government is constructing a road and someone is disputing the amount of money that has been given to him or her as compensation. 

Then a client files a legal suit and applies for an injunction and then as a Judge you fail a government project yet in most cases these government contracts have provisions to impose fines for delaying the project. Instead of ordering that money be deposited in court as litigation goes on instead you cripple a government project.

“ The same applies in case of land grabbers for instance a person files for an injunction order against a person who has lived on land for over 20 years and then as a Judge you issue an injunction prohibiting cultivation on the disputed land . Just know the decisions you make have all round implications. Therefore, you should avoid unnecessary errors when dispensing justice to litigants or people. The decisions you make one party goes back home happy while the other goes back angry.

‘You must be guided by the judicial strategic plan 2020-2025. One time I was doing my own things then a litigant sent me a photo on my whatsapp of a magistrate drinking with money lenders who were litigants in his court and even sent the cases the money lender had in his court.

“Another time a police officer came to seek permission from me to arrest a Judge who was with a boyfriend in one of the bars in town. The Judge and the boyfriend had attacked the DJ because he had changed the music he was playing and the incident was recorded on video. In order to protect the image of the Judiciary this was handled in a gentle way . So mind about what you do in public, ‘Dr. Nzeija warned.

‘Recently there is a judicial officer who was fired. She went to swear-in LC5 Chairperson and his Executive committee.  Later a dance was opened and then she started dancing as they poured money on her head as she continued dancing erotically as they touched her bums. Her bodyguard was picking the money on her behalf. When you get drunk at the party, please tell your body to arrest you so that you thank him the following day, ‘Justice Nzeija further warned.

“Another scenario, a litigant recorded a Judge in court telling him he was finished and he was a dead man walking. In litigation this is not allowed.

Justice Nzeija cautioned newly appointed Judges against absenteeism, especially those working upcountry.

‘Some upcountry Judges report on Monday, work on Tuesday, Wednesday and half day on Thursday and then travel back in the afternoon , then Friday they don’t work until the following week. Some Judges say Court begins at 9am but they appear in court at 11am. Others even suggest adjournments to Lawyers. So when you behave like that the Lawyers will know a Judge who tolerates adjournments so that when they are choosing which court to go to, they will know who Judge tolerates adjournments and those who don’t tolerate them.

 Therefore, as Judges you must set your standard because the way you present yourself is the way the Lawyers will treat you, ‘Justice Nzeija sounded another warning to Judges.’

‘The Lawyers even know Judges who receive bribes and they discuss you. If you are a Judge who eats bribes you will be in the public domain.

‘Never fix a case for Judgment without a pre -Judgment day. Make sure you set a per-Judgment day and this puts you under pressure to deliver timely Judgments. Avoid the issue of saying Judgment on notice

“I remember when we were still young there was a corrupt Grade three magistrate at the Sub-county and he would receive goats from litigants. He had created a frightening environment and whenever we reached near his office we would run away.

Justice Dr. Nzeija implored Judges to observe integrity saying it’s the chief cornerstone in the administration of justice.

“You should observe the principles of judicial creed such as independence, impartiality, integrity, competence, equality and be guided by these principles in performance of all your duties and you won’t go wrong. Lastly, make sure the public feels you but not to fear you.’

The Chairperson , Governing council Judicial Training Institute , Justice Mike Chibita , admitted  that currently there are plenty of case backlogs in the court system and that is the reason the Judiciary has hired more 21 Judges to deal with the situation.

“I call upon you to remain relevant to the legal profession. Any adjournments affect the litigants. Let’s ensure the people we send to jail deserve to be there by delivering timely judgments and reasonably giving out bail applications. You have to be mindful of the people you serve who are in need of justice.

“There is a gap at the High Court. The Structure of Judiciary has been based on a population of 10 million people but now the population has gone up to over 40 million people. Therefore, due to increased population, the number of Judges had to be increased to serve the growing population, ‘said Justice Mike Chibita.

Justice Chibita appealed to newly appointed High Court Judges to take the induction training seriously, and use it as a platform to share past experiences in the legal industry, and apply these practices in the process of justice delivery.

“Take time to engage with your resourceful facilitators and be able to learn from their expertise as much as you can. I urge you to make decisions without fear, favor, or affection as per your judicial oath, ‘ Justice Mike Chibita appealed to newly appointed Judges .’