Hon. Justice Buteera (DCJ) (Middle) meeting with HW Langa (Chief Registrar) together with Mr. Bigirimana (PS/SJ)
The Permanent Secretary/Secretary to the Judiciary, Mr Pius Bigirimana, and the Chief Registrar, HW Sarah Langa Siu on Monday (October 26, 2020) toured the Registries at the Court of Appeal to find out the successes and challenges of the Court.
The Deputy Chief Justice, Hon. Justice Richard Buteera, who invited the two administrators, led them to the Registries where the in-charges shared their concerns. He was flanked by Justices; Hon. Justice Geoffrey Kiryabwire, Hon. Justice Cheborion Barishaki and Hon. Justice Stephen Musota.
During the guided tour of the Civil Registry, the PS/SJ commended the Registry in-charge, Ms Peluce Kabagenyi and the Registry team for ensuring that they are properly maintained and updated. He was taken through the Records Centers for both the Civil Appeals and Constitutional Petitions. Here the CR and PS/SJ advised that the shelving of files can be improved to create more space, as well as ease file retrieval.
Mr. Bigiramana reassured the DCJ that by the end of the year, there would have provided a machine to aid the digitizing of court records.
In the Records Centre and Archives Room, the DCJ and his team were welcomed by heaps of files lying on the floor, as those on the over-packed shelves threatened to give way. Here, the PS/SJ advised that all completed files be coded and transferred to the Ministry of Public Service for proper archiving and undertook to avail resources to aid the same.
The team was then led to the make-shift Registry in the hallway, where files are heaped for lack of space. The Criminal Registry in-charge, Mr Moses Wamalwa said that was the only available place to put the files, adding that he could not guarantee the safety of the records.
The PS/SJ asked Mr Wamalwa to come up with a list of the required number of acid-free boxes needed so that the court records can be properly archived. The Registry in-charge further added that they are stuck with 2,445 cases without High Court records and as such cannot be cause-listed or be heard.
The DCJ while pointing to the rack of the said files observed, "these appellants are serving sentences they wish the Court to overturn; but we cannot proceed because we don’t have records." He urged the CR to follow up on the matter.
Status Reports
After the inspections, the CR and PS/SJ proceeded to the DCJ's chambers where Deputy Registrar, HW Ayebare Tumwebaze and Ag Assistant Registrar, HW Mary Babirye presented Court status reports.
HW Babirye, who presented a report on behalf of the Civil and Constitutional registries, pointed out that there is inadequate space to accommodate both the staff and records.
She noted that there was need for training of all staff in modern court practices, and a motor cycle and a pickup vehicle to ease process service, plus a van for upcountry sessions.
Other concerns shared were unreliable internet, power blackouts, inadequate funds, lack of a networked printer, filing shelves, binding machine, hoover, ladder, trolleys and curtain blinds.
HW Ayebare reported that since the year begun, 1,274 matters have been completed, while 7,262 are pending. "In spite of COVID-19, all planned sessions are being implemented, fund cuts notwithstanding."
He said funds for external sessions had been cut from Shs170 million to Shs100 million, adding that operation funds had also been cut from Shs3 million to Shs2,295,000 for the Court’s 120 staff. It was noted that some of the Court’s requisitions amounting to Shs70 million for two sessions carried out last quarter have not been paid. He sadly noted that staff at the Court are not provided with Tea. HW Ayebare asked for a top up on JLOS funds to cover the budget for external sessions. He also called for an increase in session fund allocations.
"Some High Court records are not submitted when called for while others are sent untyped with other files missing notes, especially sentencing proceedings and sentencing orders, assessors’ oaths, summing up notes and assessors' opinion. Some don't have judgments and rulings, Plea notes and preliminary hearing reports."
He noted that some Justices are promoted or retire without completing judgments, and that the Court workload was too much for the 13 Justices to manage effectively. It was also noted that more Registrars are needed.
Hon. Justice Cheborion called for the active involvement of the Court in the budgeting and planning process, while Hon. Justice Kiryabwire observed that one of the reasons affecting performance of the Court is unreliable power supply both at the Court and the Judiciary headquarters which disrupts internet and recording of proceedings.
Hon. Justice Musota pointed out that the Court of Appeal should not be treated as a Division of the High Court in resource allocations because it has more work and more Judicial Officers and staff to take care of.
Feedback
The DCJ observed that some of the challenges could be handled immediately but asked the CR and PS/SJ to respond to the concerns raised.
Mr Bigirimana, said Government runs a cash budget which has been affected by the COVID-19 pandemic. However, he urged the Court to take advantage of the budgeting season to provide appropriate projections.
On the issue of a vehicle, he said he could not commit, since even Judges appointed in 2019 don't have official cars yet, but promised to find resources to facilitate there arrangement of the Registry.
The CR said that the matter of deploying Registrars is being addressed by the Judicial Service Commission. She said that in the interim, relief measures would be improvised so that the Court is not affected.
HW Langa said they had set up a Resource Allocation Committee made up of Registrars and that she will ask them to set up a meeting with the Lordships of the Court of Appeal to appreciate the unique concerns of the Court.
She reported that the Judicial Training Institute was working on a training curriculum for all Judiciary staff and asked the Court to communicate if there are unique areas to be considered. The DCJ pointed out that there was an urgent need of training on election petitions for the Justices at the Court.
Posted 26th, October 2020
