The Uganda Code of Judicial Conduct

The Uganda Code of Judicial Conduct: Principles of Judicial Accountability

The Judiciary in Uganda is a vital institution established by the Constitution to resolve disputes, protect rights, and deliver justice. It is a system of courts where anyone can seek recourse if they believe their rights have been violated. The government supports this process by enabling the police to investigate crimes and presenting suspects in court for trial and punishment.

However, for many Ugandans, the Judiciary can feel like a place of fear and intimidation. This should not be the case. Judges are public servants who must be accountable to the people they serve. The Constitution makes it clear that the Judiciary uses powers granted by the people, so its decisions must align with the laws, values, and aspirations of the community.

Judicial Officers

Judicial officers in Uganda include Justices, Judges, Registrars, and Magistrates. Upon appointment, all judicial officers take an oath to deliver justice fairly and without bias. This oath requires them to “do right to all manner of people following the Constitution of the Republic of Uganda” and to do so “without fear or favor, affection or ill will.” Upholding this oath is essential to maintaining public trust and the integrity of the judicial process.

The Code of Judicial Conduct

To guide the behavior of judicial officers, the Uganda Code of Judicial Conduct sets out rules and standards that must be followed. A judicial officer who violates these rules faces disciplinary action. These principles ensure that judges perform their duties with the highest ethical standards and serve as the foundation for a fair and just judicial system. They include:

1. Independence

Judicial independence is the bedrock of a fair judicial system. It means that judges must be free from external influences, whether they come from other branches of government, powerful individuals, or even internal pressures within the Judiciary. This independence is critical to maintaining public trust and confidence in the courts. It ensures that judges are protected from threats, bribes, or any undue pressure that could impact their decisions.

Importantly, judicial independence is not a privilege for judges; it is a right of the people who deserve justice from a court that operates free from outside influence. Judicial independence means that judges should make decisions based solely on the law and evidence presented, without interference. This principle is supported by constitutional guarantees like job security (security of tenure), fair pay, and protection against frivolous lawsuits.

However, independence does not mean judges are above accountability. Judicial power is given on trust, and the public expects judges to be responsible and transparent in their duties. A balance is necessary between the autonomy of judges in their decision-making and their accountability to the community they serve. This balance ensures that while judges are free to make fair decisions, they remain answerable to the public.

2. Impartiality

Impartiality, or fairness, is essential to the role of a judge. It applies not only to their decisions but also to how those decisions are made. Judges must not only be fair; they must also be seen to be fair. They should make decisions without favoritism, bias, or prejudice.

In Uganda, judicial officers have been criticized for perceived bias, particularly in politically sensitive cases involving opposition figures and the government. Many Ugandans believe that judges appointed by the President and approved by a Parliament dominated by the ruling party may favor government interests. This perception has led to the term "cadre judges," referring to judges seen as compliant and willing to follow orders from the executive branch.

Judges must reject any attempt to interfere with their independence. They should remember that they serve the people of Uganda, not the government of the day. Judges must see governments come and go like water and wind. Their loyalty is to the law, justice, and the people of Uganda.

3. Integrity

Integrity involves honesty, truthfulness, honor, and reliability. Judges must conduct themselves in a way that maintains public confidence in the Judiciary's integrity. They must act honorably in both their professional and personal lives, avoiding corruption, fraud, deceit, and falsehood. Integrity is the cornerstone of justice and essential for the proper discharge of judicial duties.

However, the Judiciary in Uganda is often perceived as one of the country's most corrupt institutions, following the police, local governments, and government health facilities. Many believe that justice is "for sale" to the highest bidder, where the rich receive justice, and the poor face injustice. This perception deeply undermines trust in the judicial system and highlights the need for stringent adherence to integrity.

4. Propriety

Propriety refers to the need for judges to behave with decency, modesty, politeness, and respectability. Judges must avoid any appearance of inappropriate behavior in both their official and personal activities. Their conduct, whether in court or outside, should reinforce public confidence in the Judiciary.

5. Equality

Equality means that all people are entitled to equal protection under the law. Judges must treat everyone who comes to court equally, without discrimination based on sex, color, race, ethnicity, religion, age, social or economic status, political opinion, or disability.

However, within the Judiciary, there have been concerns about the listing of cases, with some cases receiving preferential treatment over others. This undermines the principle of equality and fairness, leading to perceptions of bias and discrimination.

6. Competence and Diligence

Judges must be competent and diligent in their work, prioritizing their judicial duties over all other activities to ensure that cases are handled efficiently and fairly. Unfortunately, there are frequent complaints about delays in resolving cases, leading to extended detention periods for suspects and a significant backlog of cases. Such delays diminish public confidence in the justice system. Rarely are judicial officers disciplined for failing to perform their duties promptly, further eroding trust in the system.

Enforcing the Code of Judicial Conduct

The Code of Judicial Conduct is enforced by the Judicial Integrity Committee, Peer Committees, and the Judicial Service Commission. Any judicial officer who violates the Code must face disciplinary action, which can include removal from office. Ugandans are encouraged to report cases of judicial abuse, impunity, or violations of the Code of Conduct to the Judicial Service Commission.

Conclusion

Judicial accountability is crucial for a functioning and fair judicial system in Uganda. Judges are entrusted with the power to make decisions that significantly impact people's lives, and they must do so in a manner that upholds the highest ethical standards. By adhering to the principles of independence, impartiality, integrity, propriety, equality, and competence, judges can maintain public trust and confidence in the Judiciary. The Judiciary, in turn, must enforce these principles to ensure that justice is served fairly, transparently, and without bias.

References

The Uganda Code of Judicial Conduct 2003

Irene K Mulyagonja (2019) ''The relevance and enforcement of the Judicial Code of Conduct, Public Service Code of Conduct and Leadership Code Act to Judicial Officers'' A paper Presented by Hon. Lady Justice Irene K Mulyagonja, The Inspector General of Government at the 21st Annual Judges Conference 28th -31st January 2019, Serena Hotel, Kampala.