Professional Documents
Culture Documents
We shall go through some group exercises to see what your understanding of Judicial
Integrity, Ethics and Accountability is.
Let me first remind you about the sources of the Standards of Judicial Integrity, Ethics
and Judicial accountability. These sources include:
(i) The Judicial Service Commission Regulations, 1989.
(ii) The Code of conduct for Judges and Magistrates, 1989. Currently there is an exercise
to improve it.
(iii) The Constitution of the Republic of Uganda, 1995. You should note that the judicial
oath is part of the Constitution.
(iv) The Judicature Statute, 1996.
(v) The Magistrates Courts' Act, 1970 (its provisions regulate the actual conduct of
Magisterial work].
(vi) The Civil Procedure Act and Rules and the Evidence Act.
In these Laws and the code of conduct you will find what you should do, what you may
do, and what you may not do and what you must not do. In the handouts you will see a
copy of our code of conduct and a copy of standards of performance from another
jurisdiction. These two contain standards of performance from another jurisdiction. The
two contain materials for thought. For practical purposes the standards of performance of
another jurisdiction sets out standards that are similar to our own standards. You must all
remember that written law or codes of conduct govern not every bit of the life of a
judicial officer. You must by now have known that society expects more from us than
what is written in these law and codes. That is why I said at the beginning that we must
show proper-judicial conduct at all times.
I will start with the Judicial Services Commission Regulations. Regulation 21 sets out by
implication acceptable and unacceptable Judicial Conduct. In a way it also sets out how
Judicial Officers should render an account of themselves. The regulation is formulated as
follows:
21.
Those of you who say that necessity can induce breach of these provisions should ready
the sermon on the mount and the cases of R. Vs. Dudley & Stephens (2884) 14 QDB 273
and Rice Vs Georgia (1989) 34 S. E. R 202. The standards set out by the code of conduct
and accountability in regulation 21 are very high. Breaking these standards has very severe
consequences, to the individual Judicial Officer and even the judiciary. Criticisms of the
judiciary, which appear frequently in the press, affect the image of the judiciary.
Consequences of indiscipline and breach of judicial good conduct are set
(1) Whenever the Chief Registrar considers that the public interest requires that a
Judicial Officer should cease to perform the functions of his office, he may interdict
the officer from the performance of those functions, if disciplinary proceedings are
being taken or are about to be taken or if criminal proceedings are being instituted
against him.
2.
A Judicial Officer who is interdicted shall receive such salary, not being less
than half his salary, as the Chief Registrar shall think fit.
3.
Consequences of these can and do disorganise the Officer and the whole of his family.
Perhaps I should quote regulation 23 as well. According to it "If criminal proceedings of a nature likely to warrant
disciplinary
proceedings are instituted against a judicial officer in any court, the Chief
Registrar shall forthwith report the facts to the Secretary with a statement as
to whether the officer has or has not been interdicted from the performance
of his functions'9.
I would like you to seriously reflect on the provisions of Reg.21 in conjunction with our
own code of conduct and the performance standards. In my view, Reg. 21, our code of
conduct, the judicial oath, the leadership code and the constitution are very clear about
what should be our Integrity, Judicial Ethics and what constitutes judicial accountability.
It is appropriate for me to mention that Sections 8 to 14 of the Leadership Code bind all
Judicial Officers. We must therefore note these provisions.
These Sections read as follows:S.8: Failure to submit statement or correct Information to be Breach of Code:
Code; or
(c) Knowingly or recklessly submits a statement or gives account of any matter which is
false, misleading or insufficient in any material particular,
The leader shall be deemed to be in breach of this Code and the committee shall report the
breach to the authorised person under section 20 of this Code.
PART IV PROHIBITED CONDUCT:
9.
(1) A leader shall not ask for or accept any property, or benefit
of any kind for himself or for any other person on a count of anything done
by him in the discharge of his duties or by virtue of his official position.
(2] A leader shall not solicit or accept any gift gratuity or favor from any person or a
body incorporated or unincorporated Government; or
has any interest that may be substantially affected by the performance or
non-performance of the official duties of that leader.
(3] A gift or donation to a leader any public or ceremonial occasion shall be treated
as a gift to the Government or other appropriate institution represented by the
leader that a leader may accept personal gifts or donations from relatives or
personal friends to such extent and on such occasions as are recognised by
custom.
(4] A leader is not prohibited from accepting a gift under this section if the gift is
in the nature of souvenir or ornament and does not exceed a value
prescribed by regulations made under section 37 of this Code.
S. 10 (1) A leader shall not put himself in a position in which his
affirm that I will well and truly exercise the judicial functions
entrusted to me and will do right to all manner of people in
accordance with the Republic of Uganda as by law established and
in accordance with the laws and usage of the Republic of Uganda
without fear or favour affection or ill-will So help me God".
In my opinion the inclusion in the Constitution of the Judicial Oath
highlights the great importance attached to Judicial work and the integrity
expected of a judicial officer.
In addition to setting integrity, ethical behaviour and accountability, this oath
is an embodiment of judicial independence of every judicial officer. The
principle of judicial independence requires a judicial officer, whether a Judge,
in our laws such as the MCA, 1970, the Civil Procedure Act
These statements are very important in the working life of a judicial officer.
We are accountable to the people and must behave in the performance of our
work in such manner as to show that we are in deed and in word accountable
to the people. Jesus Christ told his disciples that
"Let your light shine before men, that they may see your good deeds and
praise your father in heaven.
Need I add anything?
Article 126 of the Constitution sets out standards according to which judicial
officers will exercise judicial power. It reads as follows:
"126 (1) Judicial Power is derived from the people and shall be exercised by
the Courts established under this Constitution in the name of the people and
in conformity with law and with the values, norms and aspirations of the
people.
(2) In adjudicating cases of both a Civil and Criminal nature, the courts
shall, subject to the law, apply the following principles: (a) Justices shall be done to all irrespective of their social or economic
status.
(b) Justice shall not be delayed.
(c) Adequate compensation shall be awarded to victims of wrongs;
(d) Reconciliation between parties shall be promoted; and
(e) Substantive justice shall be
administered
technicalities.
"In the exercise of Judicial Power, the courts shall be independent and
shall not be subject to the control of any person or authority".
This provision ensures that you carry out judicial work of whatever
description honestly and transparently and you make decisions in all
cases on the basis of actual evidence or facts given and in accordance
with the law. You must never decide a case because some minister, a
colleague or a friend wants it decided that way. You must never tax a bill of
costs for purposes of punishing a party.
To reinforce the independence of the judiciary so that judicial officers
perform duties without fear, S.48 (l) of the Judicature Statute, 1996, also
states:
"A judge or commission or other person acting judicially shall not be
liable to be sued in any civil court for any act done or ordered to be
done by that person in the discharge of his or her judicial functions
whether or not within the limits of his or her jurisdiction".
This provision guarantees that in the exercise of civil jurisdiction you perform
your judicial duties impartially and independently w i t h o u t fear of bad
consequences. Similarly the Penal code Act has a provision to the same effect.
Thus by S. 15 of the Penal Code Act: Except as expressly provided by this code, a judicial officer is not
criminally responsible for anything done or omitted to be done by him
in the exercise of his judicial functions, although the act done is in
By this Section it is intended to guarantee that in the trial of criminal cases, you exercise
judicial powers impartially, honestly and fairly without regard to any consequences. To
crown it all, I will refer you to Article 28[1] of the constitution. This article is very
important because it is the corner stone of the principle of fair haring of cases. Fair
hearing of a case is a good account of judicial work. The Article reads as follows: -
[ii]
Must be impartial
I think that Article 28[1] refers to judicial ethics and at the same time requires a judicial
officer to account to the public in the way he conducts his work. In my view the above
five attributes, which a litigant expects of a court or tribunal to possesses also mean, that
the court must not only be fair but it must not be biased. Here again I may refer to the
biblical statement of light which you must let shine.
In the next part of the paper I will re-emphasize on accountability. I have deliberately
made some headings in bold print.
RESPONSIBILITY TO DECIDE CASES WITHOUT DELAY:
See Article 126[2][b] of the Constitution that forbids delayed justice. You now know
what case management implies. The advantages of case management are inter alia,
reduction of delays and speed disposal of cases.
Everyone in
aware
of the
maxim
that
Justice Delayed is
Justice Denied. It is on the basis of this well-known maxim that every judge or
magistrate is enjoined to decide or determine a case before him or her without delay.
Obviously the length a case takes depends on many factors including its complexity
and the number of witnesses and quantity of documents, if any, involved. It is always
possible before the commencement of hearing, for the parties and the magistrate
to
estimate the period the case is likely to take for its determination. Because of
case management practices, a move has been made to introduce time standards which
civil cases are expected to be completed (Platt Report). The purpose of these standards
is to make time a crucial factor in the movement of civil cases without delay.
This is
equally true of criminal cases. (I think that appeals are also subject to case
management many rules set standards within which notice of appeal must be filed;
when the appeal must be filed.
appeals].
The Children Statute, 1996 contains standards by way of time within which
children must be tried. As Magistrates, you are likely to enforce that Statute. You should
ensure that courts comply with the statute. You bear great responsibility. You account
to the public by doing your part to speed up conclusion of cases.
Judicial officers are required to study files and ensure that pleadings are properly filed.
An individual Magistrate assigned to determine a case has a personal responsibility to
study and understand the case before hearing begins. I cannot say how much or far the
requirements introduced by amendment of Civil Procedure Rules, 1998, apply to you in
cases where preliminary case material is submitted before the hearing. I say this because
of Order 6 Rule 26 of CP Rules. It says that in magistrates court trial can commence
after filing plaint without further pleadings. The new rules require parties to include in
their pleadings a summary of the evidence to be adduced, list of witnesses, and list of
documents.
The
determination of cases, by enabling the magistrate to be aware of the case and the
respective position of the contending parties and thus be able to be fully in-charge of the
hearing especially where advocates appear. Where the court is not conversant with the
case of the respective positions of the parties, there is great danger of such judicial
officer being misled by one or both of the parties,
especially
when
represented
by
In the later case, this applies to both civil and criminal cases.
I believe every registrar and every magistrate who makes a judicial decision does so not as
a matter of course, but with a firm and settled intention to have such decision executed or
implemented. For q u i t e sometime in the superior courts it was thought that once a
judge announced his or her decision, she or he was finished with the case, and
thereafter, it became the sole responsibility of the registrar or our administrator to ensure
execution or compliance with such decision. It is increasingly being realized that this
view is misconceived. Firstly, in jurisdictions without a well trained cadre of court
administrators and which depends on un-trained court brokers, court decision may
take too long to be implemented or may never be implemented, unless there is a
followed up by the interested party or the magistrate who made the decision. This
should now be in line with the practice of case management, I think.
A very well known judge stated a few years ago that since the effectiveness of a court
depends mainly on the manner court decisions are implemented or fail to be
implemented as intended, judges and magistrates need a feedback on the execution of
their decisions so that they may be able to improve on their decision making in future
cases. For instance cases of administration of estates of deceased persons, a judge,
registrar or magistrate who appoints the administrator of the deceased's estate, needs to
be informed whether the administrator completes his responsibilities of administering
the estate within the period prescribed by law or court's order. I know that failure by
judges, registrars or magistrates to make a follow up has often resulted in misuse of
deceased's estate by administrators, particularly where the heirs are either ignorant of
their legal rights or are minors. Your have heard of stories where advocates obtain say
shs.lOOm as damages for a plaintiff. Yet the plaintiff gets only 10m/! What should be
done? Shouldn't the courts be concerned about such matters?
Because of the need to ensure that justice is done you should, where there is no
appeal against your decisions, ensure that the execution to implement your decisions
is carried out properly within the limits of the law. However, you must act with absolute
reasonableness and impartiality. Do not personally carry out execution. Magistrates must
not carry execution warrants and deliver them to homes or offices of court brokers. Do
not employ court brokers as your agents or as your partners in the evil practice of
undervaluing property of judgment-debtors for purposes of execution.
JUDICIAL ETHICS:
I conclude on this by also re-emphasizing that Judicial Ethics, however expressed, are
ultimately based upon the following principles, values, rules and procedures. I have
circulated to you a document concerning Ethical Principles for Canadian Judges. Please
read.
The Principles: The basic principles of Judicial Ethics are principle of independence
of the judiciary, the principle of impartiality of court, the principle of fairness
of the trial and the principle of reasonableness.
Let us refer to views from beyond Uganda. A commentary to CANNON I of the American
Code of Judicial Conduct of 1990 says that:"Deference to the Judgment and ruling of courts depends upon public
confidence in the integrity and independence of Judges. Independence of
Judges depends in turn upon their acting without fear or favour.
Although judges should be independent, they must comply with the law,
including provisions of this Code. Public confidence in the impartiality of
the judiciary is maintained by the adherence of each Judge to this
responsibility..."
Another commentary on CANNON 3 of the same Code states, inter-alia: A judge must
perform judicial duties impartially and fairly.
A judge
who
manifests
bias
in proceedings
impairs
proceedings and brings the judicial process into disrepute. Facial expression and
body language, in addition to oral communication, can give to parties or lawyers in
the proceedings and to (assessors), the media and others an appearance of
judicial bias. A Judge must be alert to avoid behaviour that may be perceived as
prejudicial".
AS to the basic values which underlie judicial ethics, these can be stated
(i) Judicial courage which reflects the principle of independence of the judiciary,
(ii) Judicial dignity which reflects the principle of impartiality,
(iii) Judicial integrity which corresponds to the principle of fairness and
(iv) Judicial sobriety which corresponds to
the
principle of reasonableness.
I have quoted Article 28[1] of the Constitution and the Oath. Both show
that
one
of
the
"TRANSPARENCY.
examples
This
is
of judicial
the
accountability
approach
which
is
JUDICIAL
requires judges
and
magistrates not only to sit, hear and decide cases in the open, but also prohibits
judges and magistrates from basing their decision on facts not presented in the
presence of the parties. The same approach (and our procedure rules) now requires
the parties to disclose to each other and to the court all matters upon which the parties
rely to support their respective cases. It is the same approach which requires court
records to be public documents and thus available for inspection by the parties and
embers of the public.
Another aspect of Accountability of the Judiciary, already indicated, is judicial
discipline.
Judicial
discipline
requires
that
there
should
be formulated and
disseminated code of judicial ethics. That formulation would invariably cover or reflect
the basic areas already known.
It is a requirement of judicial discipline that there should be a credible mechanism for
enforcement of the code of ethics, with powers to remove judges or magistrates from
office where necessary. As already shown, in Uganda, our code of conduct is partly in the
Judicial Service Regulations and the Leadership Code and partly in the document which
I have given you. It is enforced by Judicial Service Commission, an independent body
which guarantees that the judiciary is not endangered by say interference.
Thank you for listening to me.