Uganda Act or statute

Parliament of Uganda

Judicial Service Act

Jurisdiction: Uganda
Structure: 29 provisions
Citation: Chapter 87
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Act, including "Chairperson", "Commission", "Commissioner", "currency point", "judicial officer", "Minister", "Public Service Commission" and "Secretary".”

This section provides definitions of terms used in the Act, including "Chairperson", "Commission", "Commissioner", "currency point", "judicial officer", "Minister", "Public Service Commission" and "Secretary". The President appoints the Chairperson and other members of the Judicial Service Commission with the approval of Parliament; the Attorney General is an ex officio member of the Commission. People who hold certain public or political offices must give up those offices when appointed as members of the Commission. Every member of the Commission must, before assuming their functions, take and subscribe the official oath required under Schedule 1 of the Oaths Act and the oath specified in Part I of Schedule 2 to this Act. The Commission must have a seal; the Commission may determine the form of the seal and the circumstances in which it is applied, subject to any law.

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Preliminary - Interpretation

Section 1

Functions of Commission - Funds and expenses of Commission

Parliament must provide adequate resources; the Commission must be self-accounting and deal directly with the Ministry responsible for finance; Commission funds may include grants with the Minister of Finance's approval; the Secretary a…

Section 12

General provisions relating to functions of Commission - Application of rules of natural justice

When handling discipline or removal of a judicial officer, the Commission must follow rules of natural justice and must ensure the officer is informed of the case, allowed to defend and present their case, may engage an advocate where practicable, and must be…

Section 15

Miscellaneous - Improper influence and false information

It is an offence for any person, outside their duty, to influence or attempt to influence decisions of the Commission, and it is an offence to wilfully give false or materially incomplete information to the Commission; both offences car…

Section 22

Miscellaneous - Power to amend Schedule 1

The Minister may amend Schedule 1 to the Act by statutory instrument with Cabinet approval.

Section 29

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Showing 29 of 29 provisions

Provision 20Offence 6Interpretation 2Amendment

Part I

Preliminary

§ 1Preliminary - InterpretationInterpretation

Section Interpretation Section In this Act, unless the context otherwise requires— “ Chairperson ” means the Chairperson of the Commission ; “ Commission ” means the Judicial Service Commission established by Article 146 of the Constitution ; “ Commissioner ” means a member of the Commission ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ judicial officer ” has the meaning assigned to it in Article 151 of the Constitution ; “ Minister ” means the Minister responsible for justice; “ Public Service Commission ” means the Public Service Commission established by Article 165 of the Constitution ; “ Secretary ” means the Secretary to the Commission appointed under Article 146(8) of the Constitution .

Section 1Verify source

Part II

Judicial Service Commission

§ 2Judicial Service Commission - Appointment of members of CommissionProvision

The President appoints the Chairperson and other members of the Judicial Service Commission with the approval of Parliament; the Attorney General is an ex officio member of the Commission.

Section Appointment of members of Commission Section The Chairperson and other members of the Judicial Service Commission shall be appointed by the President with the approval of Parliament. The Attorney General shall be an ex officio member of the Commission .

Section 2Verify source

§ 3Judicial Service Commission - Members of Commission to relinquish particular officesProvision

People who hold certain public or political offices must give up those offices when appointed as members of the Commission.

Section Members of Commission to relinquish particular offices Section A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission — a member of Parliament; a member of a local government council; or a member of the executive of a political party or political organisation. Subject to subsection (1) , after the appointment of a person as commissioner, the offices specified in that subsection shall, for the purposes of Article 146(7)(b) of the Constitution , be taken to be offices likely to compromise the independence of the Commission.

Section 3Verify source

§ 4Judicial Service Commission - Oaths of members of CommissionProvision

Every member of the Commission must, before assuming their functions, take and subscribe the official oath required under Schedule 1 of the Oaths Act and the oath specified in Part I of Schedule 2 to this Act.

Section Oaths of members of Commission Section Every member of the Commission shall, before assuming the functions of member of the Commission , take and subscribe— the official oath required under Schedule 1 of the Oaths Act ; and the oath specified in Part I of Schedule 2 to this Act.

Section 4Verify source

§ 5Judicial Service Commission - Seal of CommissionProvision

The Commission must have a seal; the Commission may determine the form of the seal and the circumstances in which it is applied, subject to any law.

Section Seal of Commission Section The Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine.

Section 5Verify source

Part III

Functions of Commission

§ 10Functions of Commission - Oath of Secretary and other staffProvision

The Secretary must take and subscribe the oath in Part II of Schedule 2 before assuming functions; the Commission may direct other officers to do the same.

Section Oath of Secretary and other staff Section The Secretary shall, before assuming the performance of his or her functions under this Act, take and subscribe the oath specified in Part II of Schedule 2 to this Act. Any other officer of the Commission may be directed by the Commission to take and subscribe the oath specified in Part II of Schedule 2 to this Act.

Section 10Verify source

§ 11Functions of Commission - Immunity of members and staff of CommissionProvision

Members of the Commission have protection and privilege for acts or omissions done in the execution of their duties similar to that given to High Court judges; employees or other persons performing Commission functions are not personally liable to civil proceedings for acts or omissions done in good faith while performing those functions.

Section Immunity of members and staff of Commission Section A member of the Commission shall have similar protection and privilege in the case of any action or suit brought against him or her for any act or omission done in the execution of his or her duties as is given by law to the acts or words spoken by a judge of the High Court in the exercise of his or her judicial functions. An employee or other person performing any function of the Commission under the authority of the Commission shall not be personally liable to any civil proceedings for any act or omission done in good faith in the performance of those functions.

Section 11Verify source

§ 12Functions of Commission - Funds and expenses of CommissionProvision

Section Funds and expenses of Commission Section The emoluments of members of the Commission and the other administrative expenses of the Commission shall be charged on the Consolidated Fund. Parliament shall ensure that adequate resources and facilities are provided to the Commission to enable it to perform its functions effectively. The Commission shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance on matters relating to its finances. The funds of the Commission may also, with the approval of the Minister responsible for finance, include grants and donations to enable it to discharge its functions. All funds provided to the Commission under this section shall be administered and controlled by the Secretary who shall be the accounting officer in accordance with the Public Finance Management Act.

Section 12Verify source

§ 6Functions of Commission - Functions of CommissionProvision

The Commission must have the functions specified in Articles 147 and 148 of the Constitution, subject to the Constitution.

Section Functions of Commission Section Subject to the provisions of the Constitution , the Commission shall have the functions specified in Articles 147 and 148 of the Constitution .

Section 6Verify source

§ 7Functions of Commission - Functions of Chairperson of CommissionProvision

The Chairperson must serve as head of the Commission, be responsible for its administration, and monitor and supervise the Secretary's work.

Section Functions of Chairperson of Commission Section The Chairperson shall be the head of the Commission and shall be responsible for the administration of the Commission and shall monitor and supervise the work of the Secretary .

Section 7Verify source

§ 8Functions of Commission - Secretary to CommissionProvision

Defines the office of Secretary to the Commission: appointment by the President on advice of the Public Service Commission; Secretary must be qualified and appointed on Permanent Secretary terms; responsible for administration and record-keeping; entitled to attend meetings but has no vote unless the Commission directs otherwise.

Section Secretary to Commission Section Subject to the powers of the Chairperson under section 7 and to the general control of the Commission, the Secretary shall be responsible for— There shall be a Secretary to the Commission who shall be appointed by the President on the advice of the Public Service Commission . The Secretary shall be a person qualified to be appointed a Permanent Secretary . The Secretary shall be appointed on such terms and conditions as are applicable to a Permanent Secretary . carrying out the policy decisions of the Commission , the day-to-day administration and management of the affairs of the Commission and the control of the other staff of the Commission ; arranging the business for and the recording and keeping of the minutes of all decisions and proceedings of the Commission at its meetings; and performing any other function assigned to him or her by the Commission . The Secretary is, unless in any particular case the Commission otherwise directs in writing, entitled to attend all meetings of the Commission but shall have no vote on any matter falling to be decided by the Commission at any such meeting.

Section 8Verify source

§ 9Functions of Commission - Other staff of CommissionProvision

The Commission must appoint other officers and employees as necessary to perform its functions; those officers and employees are public officers.

Section Other staff of Commission Section The Commission shall have such other officers and employees as may be necessary for the discharge of its functions. The officers and employees referred to in subsection (1) shall be public officers.

Section 9Verify source

Part IV

General provisions relating to functions of Commission

§ 13General provisions relating to functions of Commission - Meetings and decisions of CommissionProvision

Sets who presides at Commission meetings, quorum, decision modes (consensus or majority), voting rights, special threshold for discipline/removal, and permits the Commission to act despite absences and to regulate procedure.

Section Meetings and decisions of Commission Section The Chairperson shall preside at all meetings of the Commission , and in his or her absence, the Deputy Chairperson shall preside; and in the absence of both of them, the judge of the Supreme Court referred to in Article 146(2)(d) of the Constitution shall preside. The quorum at meetings of the Commission shall be six. Every decision of the Commission shall, so far as possible, be by consensus. Where there is no consensus, decisions shall be by a majority of all the members. In any vote under subsection (4) , each member of the Commission shall have one vote, and none shall have a second or casting vote. In any matter of discipline or a proposal to remove a judge or other judicial officer , the decision shall be carried by at least six members of the Commission at a meeting at which the Attorney General is present. Subject to the provisions of the Constitution , the Commission may act notwithstanding the absence of any member or any vacancy in the office of a member. The Commission may regulate its own procedure.

Section 13Verify source

§ 14General provisions relating to functions of Commission - Decision by circulation of papersProvision

The Commission may make decisions by circulating papers among members except for certain judicial matters; any member can require deferral of such a decision until it is considered at a meeting.

Section Decision by circulation of papers Section Except for matters of appointment, discipline, reviewing and making recommendations on the terms and conditions of service of judges and other judicial officers, or a proposal to remove a judge or any other judicial officer , decisions may be made by the Commission without a meeting, by circulation of the relevant papers among the members and the expression of their views in writing. Any member is entitled to require that a decision under subsection (1) shall be deferred until the subject matter has been considered at a meeting of the Commission.

Section 14Verify source

§ 15General provisions relating to functions of Commission - Application of rules of natural justiceProvision

Section Application of rules of natural justice Section In dealing with matters of discipline, and removal of a judicial officer , the Commission shall observe the rules of natural justice; and, in particular, the Commission shall ensure that an officer against whom disciplinary or removal proceedings are being taken is— informed about the particulars of the case against him or her; given the right to defend himself or herself and present his or her case at the meeting of the Commission or at any inquiry set up by the Commission for the purpose; where practicable, given the right to engage an advocate of his or her own choice; and told the reasons for the decision of the Commission .

Section 15Verify source

§ 16General provisions relating to functions of Commission - BiasProvision

A judicial officer under disciplinary consideration may object to a Commission member's participation for bias; the Commission must rule on such objections before continuing, and if sustained the challenged member must not participate; the challenged member may be heard.

Section Bias Section A judicial officer whose conduct is under consideration by the Commission in a disciplinary matter is entitled to object to the participation of a member of the Commission in the proceedings and decisions of the Commission on the ground of bias. Where an objection is raised under subsection (1) , the Commission shall inquire into and rule on the objection before proceeding further with consideration of the case of the judicial officer who raised the objection. If the objection is sustained by the Commission , the member against whom the objection was raised shall not take part in the proceedings relating to the judicial officer . The member of the Commission against whom objection is taken under this section is entitled to be heard at any meeting of the Commission where the objection is being considered, personally or by an advocate of his or her own choice, to defend himself or herself against the objection.

Section 16Verify source

§ 17General provisions relating to functions of Commission - Privilege of communicationProvision

Communications between the Commission (or its members/officers) and specified officials cannot be produced or disclosed in legal proceedings without the Chairperson's written consent.

Section Privilege of communication Section Unless the Chairperson consents in writing to the production or disclosure, no person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between— the Commission or any member or officer of the Commission and the President, Vice President, a Minister , the Public Service Commission or any member or officer of it or a public officer; any member or officer of the Commission and the Chairperson ; or any members or officers of the Commission , in the exercise of or in connection with the exercise of the functions of the Commission .

Section 17Verify source

§ 18General provisions relating to functions of Commission - Failure to appear or produce documentsOffence

Persons (except those notified solely for public service appointment) who without reasonable cause fail to appear when notified, or who wilfully fail to produce requested documents, commit an offence punishable by a fine up to fifteen currency points or imprisonment up to six months, or both.

Section Failure to appear or produce documents Section Any person, other than a person who is notified to appear before the Commission solely in connection with his or her application for appointment to the public service, who without reasonable cause fails to appear before the Commission when notified to do so, or who wilfully fails to produce any documents in his or her possession when requested to do so by the Commission , commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment not exceeding six months, or both.

Section 18Verify source

§ 19General provisions relating to functions of Commission - Immunities and privileges of witnessesProvision

A witness before the Commission is entitled to the same immunities and privileges as a witness before the High Court.

Section Immunities and privileges of witnesses Section A witness before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court.

Section 19Verify source

§ 20General provisions relating to functions of Commission - Enforcement of attendance, etc.Provision

The Commission has the power to require persons to attend and give evidence, to require production of documents, and to have witnesses examined on oath or affirmation administered by the Secretary or an authorised person.

Section Enforcement of attendance, etc. Section The Commission may require any person to attend and give evidence before it concerning any matter which it may properly consider in the exercise of its functions under the Constitution and this Act, and may require the production of any documents relating to any such matter by any person attending before it. The Commission may cause a witness to be examined on oath or affirmation which shall be administered by the Secretary or by any other person authorised by the Commission .

Section 20Verify source

§ 21General provisions relating to functions of Commission - Attendance allowanceProvision

Witnesses summoned to appear before the Commission are entitled to reimbursement of expenses at the same rate as witnesses in High Court criminal proceedings; other persons invited to assist may be paid reasonable allowances by the Commission.

Section Attendance allowance Section A person summoned by and appearing before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses such allowances as are payable to a witness appearing before the High Court in criminal proceedings. Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission such allowances as the Commission may consider reasonable.

Section 21Verify source

Part V

Miscellaneous

§ 22Miscellaneous - Improper influence and false informationOffence

Section Improper influence and false information Section Any person who, otherwise than in the course of his or her duty, directly or indirectly by himself or herself or by any other person in any manner, influences or attempts to influence any decision of the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both. Nothing in this subsection shall be taken to make unlawful the giving of a reference or testimonial to any applicant or candidate for any public office or the supplying of any information or assistance requested by the Commission . Any person who, in connection with the exercise by the Commission of its functions, wilfully gives to the Commission any information which he or she knows to be false or does not believe to be true, or which he or she knows to be false by reason of the omission of any material particular, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both. For the purpose of this section, “ Commission ” means the Commission , any member of the Commission , an officer of the Commission or any person or body of persons appointed to assist the Commission in the exercise of its functions.

Section 22Verify source

§ 23Miscellaneous - Improper disclosureOffence

Members, officers of the Commission and others must not publish or disclose Commission-related documents, communications or information obtained in the course of their functions without the Chairperson's written permission and except in the exercise of official functions; anyone who knowingly republishes information disclosed in breach of that rule (except for prosecutions or official duty) also commits an offence punishable by a fine up to thirty currency points or imprisonment up to twelve months, or both.

Section Improper disclosure Section Any member or officer of the Commission and any other person who, without the written permission of the Chairperson , knowingly publishes or discloses to any person otherwise than in the exercise of his or her official functions, the contents of any document, communication or information which has come to his or her notice in the course of his or her functions in relation to the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both. Any person who knows of any information which to his or her knowledge has been disclosed in contravention of subsection (1) , and who publishes or communicates it to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or her official duty, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.

Section 23Verify source

§ 24Miscellaneous - Consent of Director of Public ProsecutionsOffence

Prosecution for an offence under this Act cannot be instituted without the consent of the Director of Public Prosecutions.

Section Consent of Director of Public Prosecutions Section Prosecution for an offence under this Act shall not be instituted except with the consent of the Director of Public Prosecutions.

Section 24Verify source

§ 25Miscellaneous - Legal proceedingsOffence

Subject to subsection (2), subsection (1) prevents proceedings in any court that claim non‑compliance with this Act, except for criminal proceedings under this Act and proceedings for judicial review by the High Court for nullity of Commission (or other person/authority) proceedings or decisions.

Section Legal proceedings Section Subsection (1) does not apply to— Subject to subsection (2) , no proceedings shall be brought in any court on the ground that any provision of this Act has not been complied with. criminal proceedings for an offence under this Act; proceedings for judicial review by the High Court on the ground of nullity of any proceedings or decision by the Commission or any person or authority under this Act.

Section 25Verify source

§ 26Miscellaneous - Prescription of number of registrars under Article 145 of the ConstitutionProvision

The Chief Justice may, by statutory instrument and in consultation with the Commission, prescribe how many registrars (other than the chief registrar) there are in the judiciary.

Section Prescription of number of registrars under Article 145 of the Constitution Section The Chief Justice may, by statutory instrument, in consultation with the Commission , prescribe the number of registrars in the judiciary other than the chief registrar for the purpose of Article 145(1) of the Constitution .

Section 26Verify source

§ 27Miscellaneous - Commission to designate other judicial officersInterpretation

The Commission may designate holders of offices connected with a court as judicial officers.

Section Commission to designate other judicial officers Section The Commission may, by statutory instrument, in consultation with the Public Service Commission , designate the holder of any office, the functions of which are connected with a court as a judicial officer for the purposes of the definition of judicial officer under Article 151(c) of the Constitution .

Section 27Verify source

§ 28Miscellaneous - RegulationsOffence

The Commission may make regulations by statutory instrument concerning how it performs its constitutional and Act-based functions, including referrals, disciplinary proceedings, organisation of work, penalties and summoning persons to answer questions.

Section Regulations Section Without prejudice to the general effect of subsection (1) , regulations may be made under it— The Commission may, by statutory instrument, make regulations in relation to the discharge of its functions under the Constitution and this Act. regulating the manner in which matters shall be referred to the Commission ; providing for and regulating the conduct of disciplinary proceedings by the Commission ; providing for the organisation of the work of the Commission and regulating the manner in which it shall exercise its functions; prescribing disciplinary penalties and awards; and requiring persons to attend before the Commission to answer questions relating to the exercise by the Commission of its functions.

Section 28Verify source

§ 29Miscellaneous - Power to amend Schedule 1Amendment

The Minister may amend Schedule 1 to the Act by statutory instrument with Cabinet approval.

Section Power to amend Schedule 1 Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

Section 29Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Director of Public Prosecutions Prosecution for an offence under this Act
Section 24

N–S

3 instruments

Oaths Act
Section 4
Schedule 1 The Minister may amend Schedule 1 to the Act
Section 29
Schedule 2 to this Act
Section 10

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31 Dec 2023 · currentEnglish

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