The Judiciary is an independent organ of government entrusted to administer justice through courts.
Courts of judicature in Uganda include;
- Supreme Court
- Court of Appeal
- High Court and other Subordinate Courts.
Subordinate Courts are provided for under Article 129 of the Constitution of the Republic of Uganda (1995) as amended.
Subordinate Courts include;
- Magistrates Courts (Chief Magistrate, Magistrate Grade I and Magistrate Grade II)
- Local Council Courts
- Qadhis’ courts for marriage, divorce, inheritance of property and Guardianship
- Tribunals. For example, those established under the Land Act (Cap 227), Communications Act (Cap 106) and Electricity Act (Cap 145).
Despite all courts above, jurisdiction is granted explicitly to each court in the hierarchy by law. The jurisdiction, for instance, of the high court is unlimited in civil matters with few exceptions.
What is meant by Jurisdiction?
Jurisdiction is of two types;
- Pecuniary Jurisdiction
- Territorial Jurisdiction
What is Pecuniary Jurisdiction?
Section 207 of MCA, as amended, gives the chief magistrate court powers to handle cases below 50 million, whereas the Magistrate Grade one handles cases below 20 million.
What is Territorial Jurisdiction?
This means that the court decides on issues within a specified geographical territory.
For instance, the High court of Masaka has the power to handle cases within the Masaka district.
The Judiciary is established under Chapter Eight of the Constitution. The constitution states that judicial power is derived from the people and shall be exercised by the courts in the name of the people and in conformity with the law and with the values, norms, and aspirations of the people.
It also sets out principles that the courts are to follow when deciding cases as provided for under Art.126 (1) of the Constitution of Uganda. The principles are as follows.
• Justice must be done to all irrespective of their social or economic status;
• Justice must not be delayed;
• Adequate compensation must be awarded to victims of wrongs;
• Reconciliation between parties should be promoted and
• Substantive Justice must be administered without undue regard to technicalities.
Hierarchy of Courts in Uganda
Uganda has a pyramidal judicial structure with the Supreme Court at the top of the hierarchy, followed by the Court of Appeal and the High Court of Uganda. The aforementioned are Superior courts of record, and then other subordinate courts follow.
 |
| Pyramidal representation of the Hierarchy of Courts in Uganda |
1. Supreme Court
The Supreme Court stands out at the top of the judicial pyramid as a final court of appeal in Uganda. With one exception, it only decides cases on appeal from lower courts as stipulated under Art.132 of the Uganda Constitution.
The exception is presidential election petitions, where the Supreme Court has original jurisdiction, which means that an aggrieved candidate in a presidential election may petition the Supreme Court directly as stated under Art 104 of the Constitution, 1995 and Section 57 of the Presidential Election Act cap 142.
The Supreme Court is constituted by the Chief Justice and not less than six justices. Five Justices are sufficient to hear most cases, but when hearing appeals from the court of appeal decisions, a full bench of Seven Justices has to be present.
The decisions of the Supreme Court form precedents that all lower courts are required to follow.
Art. 132(4) provides the Supreme Court discretion to depart from its previous decision when it appears right for it to do so and hence all other courts shall then be bound to follow the decisions of the Supreme court.
2. Court of Appeal / Constitutional Court
The Court Appeal is a child of the 1995 constitution. It is an interposition between the Supreme Court and the High court and, as the title suggests, has appellate jurisdiction over the high court.
It is not a court of the first instance and has no original jurisdiction, except when it hears constitutional cases.
In that case, it sits as a constitutional court, following the constitution, which requires that: "any question as to the interpretation of the constitution shall be determined by the court of appeal sitting as the constitutional court." as provided under Article 137(1) of the Constitution.
Under Article 134 of the 1995 Constitution of Uganda, the court of appeal consists of the Deputy Chief justice and such number of justices of appeal not being less than seven as Parliament may by law prescribe.
3. High Court
Under Article 138 of the Constitution, The High Court of Uganda is the third court of record in order of hierarchy and has unlimited original jurisdiction, which means that it can try any case of any value or crime of any magnitude. Appeals from all Magistrates Courts go to the High Court.
The High Court is headed by the Honourable Principal Judge, who is responsible for the court's administration and has supervisory powers over Magistrate courts.
The High Court of Uganda consists of five Divisions: the Civil Division, the Commercial Division, the Family Division, the Land Division, and the Criminal Division.
Most of the High Court business is conducted at its headquarters in Kampala, but with the decentralization of the High Court, its services are now obtained at its circuits at Fort Portal, Gulu, Jinja, Masaka Mbale, Mbarara, and Nakawa.
There are plans to create more circuits in the nearby future.
Also Read: Separation of Powers in Uganda
Appointment of Judges
The Judges are appointed by the President on the recommendation of the Judicial Service Commission and the approval of Parliament.
5. Magistrate Courts
Magistrate's Courts handle the bulk of civil and criminal cases in Uganda. There are three levels of Magistrates courts:
- Chief Magistrates
- Magistrates Grade I and
- Magistrates Grade II
These are subordinate courts whose decisions are subject to review by the High Court based on the powers allocated by the hierarchy of courts in Uganda.
Presently the country is divided into 26 Chief Magisterial areas administered by Chief Magistrates who have general powers of supervision over all Magisterial courts within the areas of their jurisdiction.
Also Read: The Rule of law and its relevance in Uganda
6. Local Council (Executive Committee) Courts
These are established in S.5 of the Executive Committees (Judicial Powers) Act.
Local Council / Executive Committee Courts entertain light civil matters arising from daily activities in their areas of jurisdiction and issues arising out of infringement of Byelaws duly made under the Local Government Act. The Executive Committee Court is duly constituted when it is sitting with not less than five members.
There are three levels of the Committee courts –
- Sub-county (level 3)
- Parish (level 2) and
- Village
Appeals from the highest of the Committees, (Sub County executive) lie to the Chief Magistrate and if the appeal involves a substantial question of law or appears to have caused a significant Miscarriage of justice, to the High Court.
The Judiciary also supervises the Local Council courts as well as Tribunals.
Read; Land tribunals, Qadhi courts, Court-martial and Tax Appeal tribunals.
Functions of Law in Uganda
- It lays down the rights and duties of the parties to the contract. For example, Section 10(1) of the Contracts Act stipulates the elements of a valid contract.
- It helps in preserving the environment. National Environment Act No 5 of 2019 (NEMA ACT)
- It prescribes the offences and their punishment to deter people from the commission. Penal code Act
- It forms standardized procedures to be followed in achieving a certain legal point. Example civil procedure Rules.
- It safeguards the rights of the proletariat people in society. For example, Labour Act bars employers from oppressing the employees
- It protects one's property. Art.26 of the constitution.
- It lays down the rights and duties of the parties to the contract. For example, section 10(1) of the Contracts Act stipulates the elements of a valid contract.
- It set guidelines to be followed. Companies Act
- It keeps orderly conduct in the masses. Anti-corruption Act.
- It boosts the economic development of the country. Art.152 .creates taxes to be paid.
- It gives the respective powers ordained by each organ. Judiciary, Executive, Legislation. Art 126, 98, 79 of the Constitution respectively.
Functions of the Judiciary
- It has improved the access to justice for all people in Uganda. The judiciary has created many High court circuits and sitting sessions in different areas so that justice can be accessed by everyone.
- Administer justice by resolving disputes between Citizen and Citizen and between the State and Citizen.
- Interpret the Constitution and the laws of Uganda;
- Promote the rule of law and contribute to the maintenance of order in society.
- Safeguard the Constitution and uphold democratic principles
- They have protected the human rights of individuals and groups.
- To adjudicate civil and criminal cases
- To promote, social justice and morality
- However, despite the numerous functions judiciary is also facing Challenges as discussed below.
Challenges faced by the Judiciary in Uganda
- Corruption in the judicial system direct or indirect has affected the impartial administration of justice in Uganda.
- Case backlog, there are very many lagging in courts taking several years without being adjudicated hence leaving the court users in limbo.
- Lack of enough technological machines to help in speeding and expeditious handling of cases by the judges as provided for by Article 28 of the constitution of Uganda.
Summing up the hierarchy and the structure and composition of the court are discussed above. So together, we can ensure that people access and appreciate the role of the Judiciary by improving the weaker spot of the judicial structure.