Uganda, Kampala. – The Judicial Service Commission (JSC) has revealed 15 ways how unscrupulous judicial officers abuse their authority in the dispensation of justice, including stealing money paid for bail, having sex with minors in their chambers, receiving bribes to make favourable judgments and victimising those who complain about their delayed cases.
The indictment is contained in a report by JSC presented during a magistrates’ conference at Colline Hotel in Mukono on September 5. The report is an overview of the Judiciary performance and points out the most common ills committed by judicial officers.
The JSC is the overseer of the Judiciary.
Bribery
According to the JSC, bribery is among the most registered complaints it received from the public on how particular judicial officers by themselves or through their intermediaries, ask for bribes to give favourable judgments or rulings.
The JSC said some judicial officers have solicited and received money directly and indirectly or on their mobile phones.
While presenting the report at the magistrates’ conference, Mr Julius Mwebembezi, the JSC’s Deputy Registrar for the Directorate of Planning, Research and Inspectorate, cited an example of a complainant who was seated in his office and a judicial officer rang him to thank him for the money he had sent him through Mobile Money transfer.
Stealing bail money
The JSC says embezzlement of money that suspects pay for bail is the most reported vice committed by the courts.
The JSC explains that this kind of offence is perpetrated mainly by courts that handle criminal cases.
The court officers receive cash deposits from the suspects while releasing them on bail but instead record on bail bond forms “NOT CASH”, making recovery of such money very difficult after the conclusion of the case. Mr Mwebembezi pointed out that some enlightened litigants who insist on receipts from the judicial officer, face grave consequences.
He said some judicial officers usually react by setting excessively harsh bail conditions beyond the means of the accused as a punishment for insisting on receipt for the money.
Sometimes, Mr Mwebembezi says, the accused end up being convicted and handed a stiffer sentence.
Misuse of cash deposits
The Commission stated that some judicial officers misappropriate money like the session funds, other cash deposits realised from executions and maintenance orders, among others.
Sexual abuse
Mr Mwebembezi revealed that some judicial officers have sex in their chambers. He said this behaviour has disrupted people’s marriages and escalated forced sexual intercourse with juveniles in the court chambers.
He condemned the conduct as unbecoming and prejudicial to the image of the Judiciary.
Abuse of judicial power
This manifests in many ways but the most recorded by the JSC include; hearing a case without jurisdiction, issuing court orders or directives without a case filed in court, interference with the execution process, acting on mere letters instead of following conventionally laid down procedures, connivance with court bailiffs to defraud.
Rudeness
The Commission said some judicial officers are rude to their staff and litigants especially when approached for information or clarification.
Mr Mwebembezi said some judicial officers instruct their clerks and secretaries to deny the public access to their chambers.
He added that some have turned themselves into “gods” while others have assaulted their staff in order to enforce compliance with instructions.
Delayed Judgment
The report says the bulk of the complaints to the JSC involve delayed delivery of judgments. Mr Mwebembezi says the code of Judicial officers demands that they dispose of cases promptly and must ensure justice prevails.
The code also demands that when a case is heard and the judgment is reserved, the verdict must be delivered within 60 days unless there is a “very good reason” for the delay.
The JSC says it had received many complaints of delayed delivery of judgments and some have been delayed for more than five years. The JSC added that sadly, for some judicial officers, when pressurised to deliver the judgments, the reaction has always been to take vengeance by ruling against the complainant.
Charging fees to visit crime scenes
The Commission said in the past, they used to receive many complaints alleging extortion by some judicial officers even when the parties voluntarily contributed to the cost of visiting the scenes of crime.
The JSC said most of the complaints received were by the parties who would have lost the case. Consequently, the Commission stopped the practice and the Chief Justice and Chief Registrar were notified but the vice still persists.
Ex-parte communication
This is a situation where a judicial officer communicates or meets one party to the case without notice to the opposite party. Mwebembezi said the JSC Code only permits ex-parte communication if dealing with non-substantive matters or emergencies but said the vice is growing among the courts with many ex-parte decisions being made.
Judiciary responds
When contacted for a comment on the issues raised by the JSC, the Judiciary spokesperson Mr Erias Kisawuzi confirmed knowledge of the complaints and said there are internal mechanisms to handle them.
Mr Kisawuzi explained that on some occasions, the Judiciary has received the complaints from the public before they get to the Judicial Service Commission.
He said that the Judiciary has an internal disciplinary committee headed by Supreme Court judge Christine Kitumba, assisted by the office of the Inspector of Courts which investigates the complaints.
Mr Kisawuzi added that the errant judicial officers will face appropriate disciplinary action and the complaints beyond the Judiciary’s mandate would be forwarded to the JSC for further handling.
Insubordination
According to the JSC, it received several complaints against judicial officers who refused to respect their superiors in their line of duty. Insubordination is a service offence under the Judicial Service Commission Regulation 23.- Monitor
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