The Uganda Law Society (ULS) has urged Parliament to enhance both the civil and criminal jurisdiction of Magistrates Courts, proposing that magistrates handle all criminal cases except terrorism and treason, while also increasing the pecuniary limits for civil cases.
The proposal was presented by Denis Kusasira, Chairperson of the Judicial Affairs Committee at ULS, during a session with the Legal and Parliamentary Affairs Committee, where the Society shared its views on the Magistrates Courts (Amendment) Bill, 2026, currently under consideration by Parliament.
“Magistrates Courts, in our view, are actually more important than the High Court. They are closer to the people and manage the bulk of cases. Court records show they carry the largest backlog of cases. They sit every day and operate in all jurisdictions. Why should we limit them to handling only petty cases?” he said.
Kusasira proposed that, except for terrorism and treason, Chief Magistrates should be empowered to handle any offence where the maximum penalty is death.
During the session, Ndorwa East Member of Parliament Wilfred Niwagaba questioned why terrorism and treason cases were excluded from magistrates’ jurisdiction.
“Why are you excluding treason and terrorism from magistrates? Is it because these cases should remain with the Court Martial? What is peculiar about these offences?” he asked.
The ULS defended its stance, stating that assigning terrorism and treason to Magistrates Courts could undermine the role of the High Court, which should primarily serve as an appellate court.
The Society also highlighted that these crimes often involve international considerations, making them more complex.
The ULS further recommended that Senior Principal Magistrates and Principal Magistrates be authorized to try offences with maximum penalties of life imprisonment.
“A Chief Magistrate, many of whom have served over 10 years, essentially meets the experience requirement of a High Court judge. If lawyers from private practice or academia can serve as High Court judges, why shouldn’t a Chief Magistrate handle serious cases, including murder?” he said.
Kusasira emphasized that expanding the criminal jurisdiction of Magistrates Courts would help decongest the High Court, allowing it to focus on the most serious matters.
The Society also backed proposals to increase civil jurisdiction thresholds, noting that the current limits are outdated.
ULS suggested that Chief Magistrates should handle cases valued at Shs 300 million, Senior Principal Magistrates at Shs 150 million, Principal Magistrates at Shs 100 million, and Senior Magistrates at Shs 50 million.
Kusasira compared these limits to Kenya, where Chief Magistrates handle cases valued at approximately Shs 600 million, with descending thresholds for other magistrates, arguing that Uganda’s proposed limits should be adjusted to reflect economic realities.
“We have been waiting for these amendments since 2007. Now is the opportunity to enhance the criminal and civil jurisdiction of Magistrates Courts, and we cannot afford to let it pass,” he said.