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Introduction to the Judicial Studies Institute of Uganda About the Judicial Studies Institute The Chief Justice of Uganda, Hon Mr. Benjamin Odoki announced the establishment of Uganda Judicial Studies Institute during the opening of the Judges Annual conference on 5th January 2004. The institute operates as a department of the Judiciary on a semi- autonomous basis, separate from the day-to-day operations of the Judiciary but still within the judiciary JSI is a semi-autonomous body that derives authority from the Judiciary of the Republic of Uganda to conduct systematic training for Judicial Officers and Staff of the Judiciary. On request, JSI also organizes training and workshops for other players in the Justice, Law and Order Sector (JLOS). JSI strongly believes that through coordinated capacity building across the Sector, reforms being implemented can be effectively monitored for maximum impact in targeted areas and beyond. In its operations, JSI is guided by government polices, rules and regulations while maintaining strict internal control mechanisms. The policy making body is the Governing Council headed by a Supreme Court Justice. The composition of the Council is; 1. Vice Chairman (Justice of the Court of Appeal) 2. Council Secretary (Registrar of Courts of Judicature in Charge of Research and Training) 3. High Court Judge 4. Chief Registrar, Courts of Judicature 5. Secretary to the Judiciary 6. Law Development Centre Director 7. Under Secretary to the Judiciary 8. High Court Registrar 9. Inspector of Courts 10. Public Relations Registrar 11. Judicial Studies Institute Executive Director 12. Uganda Law Society President 13. Uganda Judicial Officers Association President 14. Uganda Judicial Service Commissioner 15. Judiciary Principal Personnel Officer The Governing Council approves policies and programmes which are implemented by a Secretariat managed by an Executive Director, presently, a High Court Judge, assisted by a Registrar, Research and Training and a Senior Training Officer among others. A detailed Organization Structure Chart (organogram) is outlined in the last part this profile. JSI focuses on building expertise of Judicial Officers and Judiciary staff and provides them with opportunities to broaden their knowledge on specialized subjects. Its overall objective is to provide training services with the view of raising the quality of service delivery most especially in legal and Justice Issues. The JSI Vision is to "To have a Transformed Judiciary that reflects constitutional values, exhibits high ethical standards and is sensitive to the social context?" The JSI Goal is "Bridging the Gap between Law, Justice and Society. " The JSI Mission is "Efficiency and Effectiveness of the Judiciary enhanced." The JSI developed Strategies. The Most prominent:
Relevant training experience (Common Law):
Ability to deliver services: This can be visibly measured through:
Links to other parent subsidiary or sister organizations: JSI is registered and active member of the Common Wealth Judicial Education Institute (CEJI) based in Halifax, Canada and the International Organization for Judicial Training (IOJT). As a result, it enjoys the expertise of Global Judicial Educators and has access to information on established norms that assists JSI improve and build capacity. JSI recently joined the Academics Promoting the Pedagogy of Effective Advocacy in Law (APPEAL). An organization of Legal Education Institutions in Africa and the United States that provides scholarships to attend conferences, share fundraising strategies, exchange of students and trainers, books and other resources, among other activities. JSI has close working relations with sister institutions like the National Judicial Academy of India, Judicial Studies Board of Britain, Judicial Colleges in Australia, Canada, Malaysia and South Africa. JSI conducts joint training with International Agencies, Local Human Rights Civil Society Organizations, Government institutions and Development Partners. JSI is currently working on a project with the New York Bar Association to conduct training and produce a Bench Book on how to handle Gender Violence Crimes (GVCs) in Uganda. JSI works closely with other Training Service Providers to organize and implement training. These include: the Eastern & Southern Africa Management Institute in Arusha, Tanzania, Royal Institute of Public Administration in London, UK, The Modern Management Institute in Nairobi, Human Resource Development Agencies in Kampala and Uganda Management Institute (UMI), etc JSI works and has linkages with other international Educational Institutions and external Universities like;
JSI is a member of the Information Center and Management Forum of the British Council and has access to Text books, E-resources and other training materials. The Judiciary The Judiciary is an independent legal organ comprised of Courts of Judicature as provided for by the Constitution. The Judiciary is entrusted to administer justice through courts of judicature including the Supreme Court, the Court of Appeal, the High Court and other courts or tribunals established by Parliament. The highest court in Uganda is the Supreme Court. The Court of Appeal is next in hierarchy and it handles appeals from the High Court but it also sits as the Constitutional Court in determining matters that require Constitutional interpretation. The High Court of Uganda has unlimited original jurisdiction. Subordinate Courts include Magistrates Courts, and Local Council Courts, Qadhis' courts for marriage, divorce, inheritance of property and guardianship, and tribunals such as those established under the Land Act (Cap 227), Communications Act (Cap 106) and Electricity Act (Cap 145), and Tax Appeals Tribunal Act. Supreme Court The Supreme Court is the highest Court in Uganda , and is the final court of Appeal. The Supreme Court only decides cases on appeal from lower courts save for presidential election petitions, where the Supreme Court has original jurisdiction, which means that any aggrieved candidate in a presidential election has to petition the Supreme Court directly. The decisions of the Supreme Court form precedents which all lower courts are required to follow. The Supreme Court bench 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 decisions of the Court of Appeal, 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. Court of Appeal / Constitutional Court The Court Appeal was established by the 1995 Constitution. It is an intermediary between the Supreme Court and the High Court and has appellate jurisdiction over the High Court. It is not a Court of first instance and has no original jurisdiction, except when it sits as a Constitutional Court to hear constitutional cases. 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. Cases coming before the Court of Appeal may be decided by a single Justice. Any person dissatisfied with the decision of a single Justice of Appeal is, however, entitled to have the matter determined by a bench of three Justices of Appeal, which may confirm, vary or reverse the decision. Cases decided by the Court of Appeal can be appealed to the Supreme Court, but the Court of Appeal is the final court in election petitions filed after Parliamentary elections or elections provided for by the Local Government Act. When deciding cases as a Constitutional Court it sits with a bench of five judges. High Court 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 Principal Judge who is responsible for the administration of the court and has supervisory powers over Magistrate's courts. The High Court has Seven Divisions: the Civil Division, the Commercial Division, the Family Division, the Land Division, the Criminal Division, Anti-Corruption Division and War Crimes Division. Subordinate Courts include the Chief Magistrates Court , Industrial Court Magistrates Grade I and II Local Council Courts levels 3-1 (sub county, parish, and village). 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. 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 area of their jurisdiction. Tribunals Specialized courts or tribunals form part of the judicial structure e.g. Industrial Court , Tax Appeals Tribunal, NPART Tribunal, Land Tribunals, Tax Appeal Tribunal and the Human Rights Tribunal. A parallel judicial system exists for the military with a hierarchy of courts established under the NRA Act and Regulations. The only link from the military system to the mainstream judicial system arises from an appeal from the Court Martial Appeal Court (the highest appeal court in the military system) to the Supreme Court where a death sentence or life imprisonment has been meted.
Judicial Studies Institute Objectives
Judicial Studies Institute Standards
Functions and Supporting Organizational Structure Other Functions:
The policy making body is called Judicial Training Committee and it is headed by Hon. Justice J.W.N Tsekooko of the Supreme Court, who is the chairperson and other fifteen members who represent different categories of judicial staff and stakeholders. The Executive Director Hon Justice D.K Wangutusi assisted by Assistant Registrar Research Her Worship Elizabeth Jane Alividza and Senior Training officer Valerian Tuhimbise runs the institute. Other Staff include two Secretaries, two Clerks and two Office Attendants. JSI also has developed an Internship program whereby law students volunteer at JSI. Financial reports for 2005 and 2006 showing the financial soundness of the institution: JSI is fully owned and run by the Judiciary which derives its mandate and legal existence from the Constitution of the Republic of Uganda. It effectively manages its training budgets financed by Government of Uganda and other institutions and is not profit but service driven in nature. The Staff of JSI is fully paid by the Government of Uganda. Rent and other developmental costs are also catered for by the Government of Uganda, through its development budget. JSI operates under strict government financial regulations to avoid financial mismanagement and operates an account with the Central Bank of Uganda. JSI enjoys financial stability created by a guaranteed training budget released every financial year by the Government of Uganda. Further details about Financial Soundness may be obtained from the Secretary to Judiciary who is the accounting officer for the Courts of Judicature of the Republic of Uganda. He (Mr. Ralph Ochan) can provide a certificate of financial creditability on request. His contacts are: Secretary to the Judiciary, BOX 7085, Tel: 256 414 233420; email: rochan@judicature.go.ug Since its creation in 2004, the JSI has managed and implemented the Human Development and Training Work Plan under the Danida Strengthening the Judiciary Programme. This component of the project receives Uganda shillings 320,000,000 per year. Details may be obtained from the Project Director and Project Accountant, P.O.BOX 674, Tel 256 0414 259511/2 Fax: 256 0414 259680; email: bnalugo@judicature.go.ug Due to its financial solidity, the JSI is slated to manage the training budget in relation to the creation of an Anti-Corruption Court Division as well as other Training activities aimed at fighting graft in the Public Sector in Uganda and beyond.
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