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2009 Assessment

Uganda: Integrity Indicators Scorecard

Uganda: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
36	Are judges appointed fairly?	100
37	Can members of the judiciary be held accountable for their actions?	96
38	Are there regulations governing conflicts of interest for the national-level judiciary?	68
39	Can citizens access the asset disclosure records of members of the national-level judiciary?	56

Indicator and sub-Indicator Details

Are judges appointed fairly?

36a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Article 142 of the Constitution of Uganda. The President, acting on the advice of the Judicial Service Commission and with the approval of Parliament, shall appoint the Chief Justice, Deputy Chief Justice, Principal Judge, justices of the Supreme Court, and Court of Appeal and judges of the High Court.

Peer Review Comments: But there has been complaint regarding the selection of pro-government judges.

Peer Review Comments: Though there are transparent procedures for selecting judges, most appointments are based more on the political subscription and support a judge has towards the ruling government. That is why the Constitutional Court has had controversial ideologies on the previous petitions against presidential results. Some judges have spoken openly about the biasness of fellow judges.

36b: In practice, professional criteria are followed in selecting national-level judges.

Score:

100

Comments: The Judicial Service Commission nominates a list of persons and forwards them to the president for appointment. The president then advises the Judicial Service Commission and appoints judges and sends the names of appointed judges to the Parliament for vetting.

This process is very professional. For example, during the recent appointment of three Supreme Court judges, including the former Inspector General of Government Jotham Tumwesigye; Dr. Esther Mayambala Kisaakye, a lecturer at Makerere University Law School; and elevated Appeal Court Judge Christine Kitumba as new Supreme Court judges.

It is true that some of the appointments for known cadres in the ruling NRM party and other former Ministers but this alone doesn't disqualify the process from being professionally based because most of these qualify for their positions such as Jotham Tumwesigye and Faith Mwondha ( all former Inspector Generals of Government), and later appointed judges. Judges appointed have formal legal training to qualify to be nominated by the Judicial Service Commission and therefore, National-level judges selected have relevant professional qualifications

References: The Daily Monitor, July 30, 2009

Peer Review Comments: in most cases, the names selected for appointment are known cadres of the ruling party; for example, some have been directors in the ruling party and several have served as ministers before.

36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: This gives special powers to the Parliament to approve nominations by the president in the appointment of Chief Justice, Deputy Chief Justice, Principal Judge, justices of the Supreme Court, and Court of Appeal and judges of the High Court.

References: Article 142 of the Constitution of Uganda. The president, acting on the advice of the Judicial Service Commission and with the approval of Parliament, shall appoint the Chief Justice, Deputy Chief Justice, Principal Judge, justices of the Supreme Court, and Court of Appeal and judges of the High Court.

Can members of the judiciary be held accountable for their actions?

37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: The court proceedings carry decisions made, or ruling by the judge(s) and the reasons.

References: Article 28(5) of the Constitution of Uganda gives every accused person the right to a copy of court proceedings upon payment of a fee.

37b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: List of judgments made at the Courts of Uganda Sighted Examples include; Presidential Election No. 1 of 2006 Judgment and the Supreme Court Ruling on the Death Penalty www.judicature.go.ug

37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: Judicial Service Commission established by article 146 of the Constitution

37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: Article 128 of the Consitution of Uganda, 1995 states that; (1) The courts shall be independent and shall not be subject to the control or direction of any person or authority; (2) A person exercising judicial power will not be legally responsible for any act or omission in the exercise of that power.

37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. 50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: The commission conducts investigations. An example includes the investigation into corruption in the judiciary that led to the dismissal of several judicial officers in May 2008.

References: The Daily Monitor, May 30, 2008

37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: In May 2008, the Judicial Service Commission dismissed and interdicted several judicial officers linked to corruption including among others; Buganda Road Grade I Magistrate Gastur Kaawa Mugoya; Henry Okiria Okia (grade I Magistrate); Godfrey Bangirana, Grade II Magistrate (Mbarara) (Grade II magistrate, Fort Portal); and Mr. Biganyire and Mr. Richrad Adubango (Nebbi District Land Tribunal). Others were demoted such as the Acting Chief Magistrate of Kasese Magistrates Court Mr. Obbo Londo who was demoted to the rank of Senior Principal Magistrate.

References: The Daily Monitor, May 30, 2008

Are there regulations governing conflicts of interest for the national-level judiciary?

38a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Section 4 of the Leadership Code Act, 2002, (1) A leader shall (a) within three months after the commencement of this Code; and (b) thereafter every two years, during the month of March, submit to the Inspector-General a written declaration of the leader's income, assets and liabilities, the names, income, assets and liabilities of his or her spouse, child and dependent in the prescribed form, without prejudice to the rights of the leader's spouse, child and dependent to independently owned property.

38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: The law notwithstanding, a leader may accept a personal gift or donation from a relative or personal friend to such an extent and on such occasion as is recognized by custom (Section 10 (2) of the Leadership Code Act, 2002).

It further states that a leader may accept a gift if the gift is in the nature of a souvenir or ornament and does not exceed five currency points in value (Section 10 (3)).

References: Section 10 of the Leadership Code Act, 2002. (1) A gift or donation to a leader on any public or ceremonial occasion, or commission to a leader on any transaction shall be treated as a gift or donation or commission to the government or institution represented by the leader and shall be declared to the Inspector-General; but the government or institution shall keep an inventory of any such gifts.

38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: The Leadership Code Act (2002) provides the Inspectorate of Government (IGG) with powers to conduct an audit of asset disclosure submitted by a member of the national legislature.

Howerver this is done randomly and not for all members of the national legislature, because the number of declarations are too many compared to available staff at the inspectorate. Audits are also done when members of the public request for an auditing of a specific members assets or when the IGG deems it's necessary.

References: The Leadership Code Act, 2002

38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national-level judges\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Section 16 (2) of the Leadership Code Act. A leader shall disclose in writing to the Inspector General all offers of future employment that could place the leader in a position of conflict of interest.

(3) A leader who accepts an offer of future employment shall immediately disclose in writing to the Inspector General as well as the authorized person the acceptance of the offer, and in such even, where it is determined by the Inspector General that the leader is engaged in significant official dealings with the future employer, the leader shall be assigned other duties and responsibilities immediately.

Peer Review Comments: There is no evidence that restrictions for national-level judges entering the private sector after leaving the government are effective, considering the fact that judges do get involved in the private sector.

38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: The IGG has no capacity to monitor what all past national level judges do after leaving government employment. As a result, the law is kept dormant but is only used when there are irregularities by the leader.

References: Interview with Simon Opolot Okwalinga, Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: Some gifts have been declared by Justice Faith Mwondha including a handbag, necklace, foldway table and deluxe camping chair, wooden plaques and a honorarium of 200,000 shillings (US$10).

While she is the only judge according to records to have declared gifts between 2005 and 2007, this doesn't mean other members of the judiciary didn't recieve anything, but the implementation of this law is dependent on the goodwill of the person recieving the gifts to declare them, as the IGG does not capacity to monitor what gifts people get at all times.

References: Inspectorate of Government, Activities and Achievements of the Inspectorate of Government, June, 2008

38g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: There are more than 17,000 leaders who have made their declarations, and due to this big volume compared to the limited staffing, the inspectorate of government doesn't verify all the declarations, but randomly selects a few to verify and audit. Sometimes this can be done by category or position, and sometimes it is done whent there is a public complaint lodged against a leader's declaration to the inspectorate.

References: Interview with Simon Opolot Okwalinga, Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: Not all national-level judiciary asset disclosures are audited.

Can citizens access the asset disclosure records of members of the national-level judiciary?

39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Section 7 of the Leadership Code Act, 2002. The contents of a declaration under this Code shall be treated as public information and shall be accessible to members of the public upon application to the Inspector-General in the form prescribed under this Code.

39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: The declarations are accessible to the public, but only upon application to the Inspectorate General of Government.

Formerly, the forms were published, but in 2002 this led to a court case against the inspectorate, which thereafter stopped publication of declaration forms. Once an application has been made to the inspectorate, this could take up to more than a month for one to retrieve a form out of the 17,000 declarations.

References: Interview with Simon Opolot Okwalinga, Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: Access to judicial asset disclosure records is a process.

Peer Review Comments: Judicial asset disclosure records take more than a month to access.

39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: Once retrieved, and if the request is for genuine reasons and approved by the Inspector General of Government, records are given out free of charge.

References: Interview with Simon Opolot Okwalinga, Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: Retrieval of judicial asset disclosure records requires a visit to a regional office that may be costly.

39d: In practice, the asset disclosure records of the national-level judiciary are of high quality.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The asset disclosure records of the national-level judiciary are complete and detailed, providing the public with an accurate and updated accounting of the individuals\' sources of income, investments, and other financial interests. 50 Score Criteria: The asset disclosure records of the national-level judiciary contain some useful information but may be lacking important details, including politically sensitive investment or other financial arrangements in which the individual has an interest. 0 Score Criteria: The asset disclosure records of the national-level judiciary are overly general, lack any meaningful detail, and do not provide a clear accounting of the individuals\' sources of income, investments, and other financial assets.$

Comments: Some of the assets are hidden in their children's and other relative's names.

References: Media Reports (New Vision, Monitor, Weekly Observer)