The Uganda Judicial Service Commission

According to Socrates: Justice is intimately connected with fairness: the idea that people should get what they deserve. Aristotle believed that people are separated by dramatic differences in their natural capacities, so much so that, while some are qualified to rule or to participate in ruling, others – who comprise the bulk of humankind – are fit only to be ruled.

The 1995 Uganda Constitution is the supreme law in the country and any law or custom that is in conflict with it is null and void to the extent of the inconsistency. Chapter 8 and articles 126 to 151 provide the comprehensive description of the structure and system of the administration of Justice in Uganda.

The general structure of Uganda’s legal sector appears as follows:
• Ministry of Justice and Constitutional Affairs
• The Judiciary
• Judicial Service Commission
• The Law Reform Commission
• The Electoral Commission
• The Uganda Land Commission
• Uganda Registration Services Bureau
• Uganda Human Rights Commission
• The Law Council
• The Law Development Centre

These institutions are in turn supported by the following institutions and departments as key players in the implementation of legal provisions and administration of Justice.
• Uganda Police Force
• Uganda Prison Service
• The office of the Director public prosecution
• Inspector General of Government
• Parliamentary Commission
• Ministry of Local Government
• Ministry of Ethics and Integrity
• Ministry of Justice and Constitutional affairs

Uganda is bound by a set of International, regional and local laws which are tailored to guarantee the proper functioning of the Judiciary. Article 14(1) of the International Covenant on Civil and Political Rights states that ‘all persons shall be equal before the courts and tribunals’ and that ‘in the determination of any criminal charge against him, or of his rights and obligations in a suit of law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law’. The UN Human Rights Committee (which is the body of independent experts that monitors the implementation of the ICCPR)) specifies that the independence of courts comprises the manner in which judges are appointed, the qualifications for appointment, and the duration of their terms of office; the condition governing promotion, transfer and cessation of their functions and the actual independence of the Judiciary from the executive branch and the legislative.’ Uganda has ratified the Covenant.

In Uganda, one of the most fundamental institutions in the administration of Justice is the Judicial Service Commission and it’s going to be our primary focus during this discussion on its mandate and functions in the judicial sector.