Debate erupts over proposal to increase Supreme Court judges amid backlog crisis

By | November 27, 2023

Justices of the Supreme Court in Kampala recently.

Judiciary is seeking an increase in Supreme Court justices to 20, accompanied by a request for 55 judges for the Court of Appeal.

However, legal experts and scholars  have expressed diverse opinions on the matter.

Makerere University Law Don, Dr. Kakungulu Mayambala, questioned the uniqueness of Uganda's situation compared to neighboring countries, where Supreme Court benches rarely exceed 10 judges despite larger populations.

He highlights concerns about a trend of inflated numbers across all branches of government.

Former Uganda Law Society President, Simon Peter Kinobe, and lawyer  Nicholas Opio, however, support the Judiciary's plea, emphasizing Uganda's distinctive legal jurisdiction, requiring multiple judges for each case.

Opio adds that the proposed increase benefits the country, particularly in handling controversial election appeals.

The 2022/23 annual performance report by the Judiciary indicates  a significant backlog, with the Supreme Court grappling with 695 pending cases after completing 62.

Meanwhile, the Court of Appeal finished 1099 cases but faces a staggering 8,198-case backlog.

Comparisons with neighboring countries show Kenya with 7 Supreme Court Judges serving 53.1 million people, Tanzania with 6 judges for 63.5 million, Rwanda with 7 for 13.4 million, and Burundi with 9 for 12.5 million.

If approved, Uganda's increase would result in the largest benches in the region, serving nearly 48 million people.

Kinobe however calls for an overhaul of law schools, aiming to address the root causes of Uganda's high litigation rates compared to neighboring nations.

Despite the Judiciary's plans to establish regional Court of Appeal circuits, the effectiveness of this paradigm shift remains uncertain.

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