Reforms to expedite delivery of justice

The judiciary says a new mechanism determining the organisation, functioning and jurisdiction of courts will reduce case backlog.The 2012-2013 Annual Judicial Report, released last week, shows that about 83,000 cases were tried, leaving more than 30,000 pending.The report says primary courts tried more than 59,000 cases out of 63,000 filed in 2012. Intermediate courts tried around 23,000 cases, leaving more than 6,600 pending.In the High Court, 5,744 are still pending, while the Supreme Court received 638 files and tried 411. About 2,000 cases filed over the past years remain pending in the highest court.Justice minister Johnston Busingye said the backlog in the Supreme Court is caused by the big number of cases received from lower courts.“The Supreme Court has always had a big number of cases because it is the overall. It receives appeal cases from the High Court, Commercial High Court and even from the military court,” he said.The spokesperson for the Judiciary, Emmanuel Itamwa, said following up cases in the Supreme Court is constrained by the fact that a minimum of three judges are required to hear a case unlike in the High Court where a single judge handles a particular case.Another reason for the backlog is the time a case is expected to stay before a court from the time it is filed.While this time frame is five and four months in primary and intermediate courts, respectively, one would have to wait at least seven months to have their case concluded in the High Court, and almost three years in the Supreme Court.Going by the old system, it will take the Supreme Court at least six years to clear the 2,000 pending cases.New provisionsHowever, Minister Busingye said something will be done to clear the backlog. “We will try to work on it, because waiting for your trial for six years can cause you more damages,” he said.The new law that was put in place in June is expected to reduce the number of cases being referred to upper courts.For example, some cases that start from high court, will now be commencing from intermediate courts, while more will start from primary instead of intermediate courts.“Cases of murder have been starting in high courts. In the new provisions, these cases will be starting in the intermediate courts and end in the high court on appeal,” said Itamwa.“We want the community to change the mindset and to understand that conflicts can be resolved in at community level because litigation consumes resources,” Busingye said.Lawyers have welcomed the reforms.“In October, I filed an appeal before the Supreme Court and returned last month to find out when the hearing is scheduled. I was instead told to come back in December 2014 to ask for the hearing date,” said Angelique Kayitesi, a lawyer.Busingye said the Supreme Court has hired three judges. With three more expected the next fiscal year, the number will shoot to 20.

National

Reforms to expedite delivery of justice