Introduction to law

The Hierarchy, composition and function of courts in Uganda

THE HEIRACHY, COMPOSITION AND FUNCTION OF COURTS IN UGANDA

A court is a permanently organized body, with independent judicial powers defined by law, meeting at a
time and place fixed by law for the judicial public administration of justice.[1]

The hierarchy, composition and functions of courts in Uganda are provided for in Chapter eight of the
constitution[2] and the Judicature Act.[3] They (the courts in Uganda) are meant to adjudicate cases of
both a civil and criminal nature, interpret the constitution and the laws and promote human rights,
social justice and morality.

In accordance with Article 129[4], the courts in Uganda exercise judicial power and they consist of; the
Supreme Court, Court of Appeal, High Court and other subordinate courts as Parliament by law has
established such as the Chief Magistrates’ courts, Grade I magistrates’ courts, Grade II magistrates’
courts established by Section 2 of the Magistrates’ Courts Act (MCA)[5]. Key to note is that the courts in
Uganda take precedence over each other in that order; with the Supreme Court being the court of last
resort. The Constitution further propounds that the Supreme Court, the Court of Appeal and the High
Court of Uganda are the superior courts of record that is their decisions are binding on all lower courts.
Below is a detailed exposition of the courts in Uganda.

The Supreme Court of Uganda

The Supreme Court of Uganda consists of the Chief Justice and a minimum of six other judges at any one
time.[6]However, the Supreme Court is duly constituted at any sitting if it consists of an uneven number
not being less than five members of the court.[7] The Chief Justice, who is currently Benjamin Odoki,
presides over each sitting of the Supreme Court and in his absence the senior most member of the court
as constituted presides. As head of the judiciary, he is also responsible for the administration and
supervision of all courts in Uganda among other duties[8]

The Supreme Court is the final appellant court[9] in Uganda hearing appeals from the decisions of the
Court of Appeal either in its capacity as an appellant court or in its capacity as the Constitutional
court[10]. A classic example of a time when appeals lie before the Supreme Court is in cases that involve
the death penalty as provided for by Article 22[11]. This is meant to preserve the sanctity of life by
providing as many avenues of a hearing this was discussed and seen in the case of Attorney General V
Susan Kigula and 417 others[12].

Although the Supreme Court is largely an appellant court, it may be a court of first instance in
Presidential election petitions[13] as it was in the case of Kizza Besigye V Y.K Museveni[14]

The Supreme Court being the highest court of record while treating its own previous decisions as
normally binding, departs from a previous decision when it appears to it right to do so; and all other
courts are bound to follow the decisions of the Supreme Court on questions of law.

The Court of Appeal of Uganda

Article 134[15] establishes the Court of Appeal of Uganda, it is a brain child of the 1995 constitution and
consists of the Deputy Chief Justice and such number of justices of Appeal not being less than seven as
Parliament may by law prescribe. An appeal lies to the Court of Appeal from such decisions of the High
Court as may be prescribed by law[16].

The Court of Appeal is duly constituted at any sitting if it consists of an uneven number not being less
than three members of the court. The Deputy Chief Justice presides at each sitting of the court and in
the absence of the Deputy Chief Justice the most senior member of the court as constituted presides.
The Chief Justice, in consultation with the Deputy Chief Justice, may create divisions of the Court of
Appeal as the Chief Justice may consider necessary consisting of such numbers of justices of Appeal as
may be assigned to them by the Chief Justice sitting at such places in Uganda as the Chief Justice may,
after consultation with the Attorney General, by statutory order, determine.[17]

Cases before the Court of Appeal can be decided by a single judge and where one is dissatisfied with the
decision of a single judge, he is entitled to have it determined by a bench of three Justices of Appeal who
may confirm, vary or reverse the decision[18].

The Deputy Chief Justice who deputizes the Chief Justice as and when the need arises be the head of the
Court of Appeal and in that capacity assist the Chief Justice in the administration of that court and
perform such other functions as may be delegated or assigned to him or her by the Chief Justice.
[19]Where the office of the Deputy Chief Justice is vacant or the Deputy Chief Justice is acting as Chief
Justice or the Deputy Chief Justice is for any reason unable to perform the functions of his or her office,
then, until a person has been appointed to and has assumed the functions of the office of the Deputy
Chief Justice, those functions shall be performed by a justice of the Supreme Court or a justice of Appeal
designated by the President, after consultation with the Chief Justice, or the acting Chief Justice, as the
case may be.[20]

Most decisions of the Court of Appeal can be appealed but it is the final court in election petitions filed
after parliamentary elections or elections provided for by the Local Government Act. The court of appeal
apart from hearing appeals from the High court may also interpret the constitution when it sits in its
capacity as the constitutional court.

The Constitutional Court

Article 137 establishes the constitutional court as the court in charge of the interpretation of the
Constitution. Furthermore, a person who alleges that an Act of Parliament or any other law or anything
in or done under the authority of any law any act or omission by any person or authority, is inconsistent
with or in contravention of a provision of the Constitution, may petition the constitutional court for a
declaration to that effect, and for redress where appropriate. Where upon determination of the petition
the constitutional court considers that there is need for redress in addition to the declaration sought,
the constitutional court may grant an order of redress or refer the matter to the High Court to
investigate and determine the appropriate redress[21]. When sitting as a constitutional court, the Court
of Appeal consists of a bench of five members of that court.

The High Court of Uganda

As stated earlier, the other court of record in Uganda is the High Court of Uganda. It is also a court of
first instance. It consists of the Principal Judge and such number of judges of the High Court as may be
prescribed by Parliament. The High Court sits in such places as the Chief Justice may, in consultation
with the Principal Judge appoint and in so doing, the Chief

Justice shall, as far as practicable, ensure that the High Court is accessible to

All the people.[22] In pursuit of this end, making justice accessible, the High court sits in circuits at the
following places; Masaka, Nakawa, Fort Portal, Mbarara, Gulu, Jinja, Mbale, and the headquarters in
Kampala. However, plans are underway to increase these circuits. The High court has seven divisions;
civil, commercial, family, land, anti-corruption and more recently the war crimes division in response to
Uganda’s signature to the Rome statute.

The High Court, subject to the provisions of this Constitution, has unlimited original jurisdiction in all
matters and such appellate and other jurisdiction as may be conferred on it by this Constitution or other
law.[23] Article 140 of our constitution further provides specially that the High Court hears elections
cases and determine the question before it expeditiously and may, for that purpose, suspend any other
matter pending before it.[24]

In accordance with the provisions of Article 133 of this Constitution, the Principal Judge heads the High
Court, and shall, in that capacity, assist the Chief Justice in the administration of the High Court and
subordinate courts and perform such other functions as may be delegated or assigned to him or her by
the Chief Justice.[25] Still in his capacity as head of the High court, the Principal Judge exercises
supervisory powers over the Magistrates’ courts. Where the office of Principal Judge is vacant or the
Principal Judge is for any reason unable to perform the functions of his or her office, then, until a person
has been appointed to and has assumed the functions of that office, or until the Principal Judge has
resumed those functions, those functions shall be performed by a judge of the High Court designated by
the President after consultation with the Chief Justice.[26]

The Magistrates Courts

The Magistrates courts are established under Section 2 of the Magistrates Courts Act[27]. These are
important to the delivery of justice in Uganda because they do the bulk of civil and criminal cases. They
are empowered to do their duties in conformity with the law with which the High Court is required to
conform in exercising its jurisdiction by the Judicature Act[28]. Initially, these were divided into four
grades but these have since been revised to three grades; Chief Magistrate, Grade I magistrate and
Grade II magistrate[29].

According to the Magistrates Courts Act[30], Uganda is divided into magisterial areas. These are
currently twenty six and these serve as the areas of jurisdiction of each respective magistrate’s
court[31]. The court is considered duly constituted when presided over by one magistrate empowered
to adjudicate in the court[32]. The Chief Magistrate and Magistrate Grade I are qualified lawyers
whereas magistrate Grade II is one that has had some form of recognized training in law as a Lay-
Magistrate from Law Development Centre.

Since the Magistrates Courts are lower courts, their jurisdiction is limited and guided by Section 161 of
the Magistrates Court Act in criminal cases and Section 220 of the same in civil cases. For example, a
Chief Magistrate may try any criminal case apart from one where the maximum penalty is death and a
Grade II magistrate cannot hear a case involving an offence against relations with a foreign state or an
offence like treason. Under Section 220(1 )b of the MCA, an appeal may lie for the Chief Magistrate from
the decision and orders whether interlocutory or final presided over by a Grade I magistrate.
Furthermore, under Section 32(d) of the Local Council Courts Act 2006, an appeal may lie to a court
presided over by a Chief Magistrate from the judgments and the orders of a sub county Local Council
court. Appeals from the Chief Magistrates’ courts and Grade I magistrates’ courts lie before the High
Court which supervises the work of all Magistrates courts with regards to its own procedure and that of
magistrates courts. It does this by exercising its inherent powers to prevent abuse of the process of the
court by curtailing delays, including the powers to limit and stay delayed prosecution as may be
necessary for achieving the ends of justice[33].

Other Courts/ Special Courts.

In Uganda, we also have Local Council courts also known as Executive courts. They were established by
Section 3 of the Local Council Courts Act of 2006 although they were initially introduced in Uganda in
the early days of the Resistance Government under the Executive Committee Judicial powers Act Cap.8.
They were established to bring justice closer to the people and to demystify the idea of justice and the
law in the eyes of the average Ugandan.

Today, these courts are governed by the Local Council Courts Act, 2006 and supervised by the Chief
Magistrates courts on behalf of the High Court in accordance with Section 40 of the above Act.

These courts are established at every village, parish, town, division and sub-county level[34] and these
are the jurisdictions within which each respective court at each level may operate. Where on is
dissatisfied with a decision at the village court may appeal to the parish court till the sub county court. If
not satisfied still he or she is then free to appeal to the Chief Magistrates Court and then the High
Court[35].

The courts are generally composed of five members of their jurisdiction chosen by the respective
executive council of that area apart from the village and parish courts where all the members of the
executive council of either the village or parish form the court. At least two of the members of each of
these courts should be women[36]. The qualifications to be a member of the court are set out in Section
5 of the Local Council Courts Act and include; proven integrity and ability to speak the local language.
The legal jurisdiction of these courts is strictly cases of civil nature and as land matters, issues related to
the children’s act and others set out extensively in Section 10 of the above mentioned Act As remedy,
these courts may cause reconciliation, make declarations order restitution or even cause one to
apologize[37].

Despite the good intentions of those that set up such an elaborate structure of Local council courts, they
have been criticized for being places marred with gross corruption and bribery ‘where justice goes to the
highest bidder.’

The above is an exposition of the structure of Uganda’s court system although there other quasi- judicial
bodies that do duties very similar to courts of judicature such as military tribunals established by the
Uganda Peoples Defense Forces Act. These have jurisdiction over service men and women although
sometimes even civilians will appear before them. Commissions of Inquiry and also Industrial courts fall
under this bracket of quasi-judicial bodies. All these in concert with the elaborate court system are to
exercise judicial power in Uganda in the name of the people and in conformity with the values, norms
and aspirations of the people[38].
[1] Black’s law Dictionary,356

[2] Constitution of Republic of Uganda

[3] – Chapter 13 of The Laws of Uganda.

[4] Ibid Constitution

[5] – Chapter 16 of The Laws of Uganda.

[6] Article 130 Constitution

[7] Ibid Article 131

[8] – Article 133 Constitution of Uganda.

[9] – Article 132 of the Constitution of Uganda.

[10] – Section 4 of the Judicature Act Cap. 13

[11] – Ibid Constitution

[12] – Constitutional Appeal No.3 of 2006.

[13] – Article 104 of the Constitution of Uganda.

[14] – Election Petition No.1 of 2001.

[15] Ibid constitution

[16] – Section 10 of Judicature Act Cap. 13

[17] Article 135 ibid

[18]- Section 12(2) of the Judicature Act Cap.13.

[19] Article 136(1) ibid constitution

[20] Article 136(2) ibid constitution

[21] Ibid constitution

[22] Article 138 ibid

[23] Article 139

[24] Ibid constitution

[25] Article 141(1) ibid

[26] Article 141(2)

[27] – Cap. 16.

[28] – Section 9 Magistrates Court Act Cap.16

[29] – Section 4 of the Magistrates Court Act Cap.16

[30] – Section 2.

[31] – Section 6 Magistrates Courts Act Cap 16

[32] – Section 5 OF Magistrates Courts Act Cap.16

[33] -Machaha; A Simple Guide to The Introduction of Law., 2004

[34] – Section 3 of Local Council Courts Act 2006

[35] – Section 32 Ibid

[36] – Section 4 Ibid

[37] – Section 13 Ibid.

[38] – Article 126 of The Constitution

Consider citing cases at appropriate level of court to assist students understand what cases be heard
before which court.