Ministry of Justice and Constitutional Affairs. Ministerial Policy Statement. Vote: 007 Ministry of Justice and Constitutional Affairs.

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1 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Foreword

2 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Abbreviations and Acronyms DPP Directorate of Public Prosectutions JSC Judicial Service Commission LDC Law Development Centre MIA Ministry of Internal Affairs MoGLSD Ministry of Gender Labour and Social Development MOJCA Ministry of Justice and Constitutional Affairs MoLG Mnistry of Local Government NCSP National Community Service Program TAT Tax Appeals Tribunal UHRC Uganda Human Rights Commission ULRC Uganda Law Reform Commission UPF Uganda Police Force UPS Uganda Prisons Service URSB Uganda Registration Services Bureau DPP Directorate of Public Prosectutions JSC Judicial Service Commission LDC Law Development Centre MoGLSD Ministry of Gender Labour and Social Development MOJCA Ministry of Justice and Constitutional Affairs MoLG Mnistry of Local Government NCSP National Community Service Program TAT Tax Appeals Tribunal UHRC Uganda Human Rights Commission ULRC Uganda Law Reform Commission UPF Uganda Police Force UPS Uganda Prisons Service URSB Uganda Registration Services Bureau

3 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Executive Summary

4 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs V1: Vote Overview (i) Vote Mission Statement To provide legal advice and legal services as well as supporting the machinery that provides the legal framework for good governance. (ii) Strategic Objective (iii) Major Achievements in 2016/17 Drafting Legislation: In the reporting period, the Ministry had drafted 6 Bills against a target of 15 bills; and published 7 Acts against a target of 10 Acts. Other pieces of legislation drafted included 46 Statutory Instruments, 10 Legal Notices and 3 ordinances. The following Bills were published:- 1. Bio Fuels Bill, International Conference for Great Lakes Implementation of the Pact on Security, Stability and Development of the Great Lakes Region Regulations 2016, 3. Local Governments (Amendment) Bill, Sugar Bill, 2016 The following Acts were published;- 1. The Uganda Wildlife Research Training Institute Act, Tier Four Micro Finance Institutions and Money Lenders Act Uganda Cancer Institute Act, Income Tax (Amendment) Act 2016 Legal Advisory Services: In the reporting period, 2,416 requests for contracts and Memorandum of Association reviews were received out of which 2,278 were responded to and 138 are still pending. The performance level was at 94%. The 138 were still pending due to incomplete requests submitted by the entities and delays in submitting prerequisite additional information. Similarly, 233 requests for legal opinion were received, out of which 194 were responded to and 39 are pending. No Cabinet Memoranda was prepared the Ministry in the Period under review. Additionally, 162 invitations of the regional and international meetings were received, 108 were attended; a performance of 67%. Thirty three percent were missed due to lack of facilitation to attend the meetings, delay by the entities to deliver the invitations and insufficient information in the invitations. Defending Civil Suits in Courts of Law and Tribunals: In the reporting period, the Attorney General represented Government in various courts and tribunals across the country. Twenty two (22) cases were concluded out of which 14 cases were won saving Government UGX Bn. Eight cases were lost due to lack of witnesses and instructions from MDAs. many other cases are still on going Automation of the Civil Registry Automation of the civil registry to improve court attendance, case management, informed planning and decision

5 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs making was completed. Currently, training of the users as well as data capture of all case files in the civil registry is still ongoing. Administrator General s Services The Office of the Administrator General has undergone tremendous changes especially in infrastructure development and service delivery. The Department has improved service delivery by ensuring completion of files within the shortest time possible. New death reports The Department targeted to open 2,000 new files during the 1st half of the FY but opened 2243 beyond the target. This was mainly because of awareness creation campaigns which have resulted into more clients coming to open files with knowledge of the basic or essential requirements. There is a very positive vibe from the public about the Administrator General's work and well-served clients are our biggest credit and our best source of sensitization. They refer their relatives, their neighbours, their friends to our office for service. Although this activity depends on the client s. Applications for winding up of estates and Renunciation of Letters of Administration The Department targeted to file 25 applications before courts of law for winding up. The Department was able to wind up 50 estates far beyond the planned target. Family Mediation and Arbitration To ensure faster disposal of estate cases, the Department planned to resolve 500 succession related wrangles through family mediation and arbitration. 502 family mediation and arbitration were successfully handled. Estate Inspections The Administrator General inspected 51 estates out of the planned 50 estates. The estates earmarked for inspection included those under the administration of the office and those where intending administrators petitioned the office for a Certificate of No Objection. Letters of Administration The Administrator General targeted to take over and manage 8 estates during the first half of the financial year. However, despite the fact that most beneficiaries desire to manage their estates, there are some estates that we found at a high risk of getting wasted resulting in the Department taking out Letters of Administration in respect of 9 estates. Issuance of certificate of no objection The Administrator General issued 1343 certificates of No Objection out of the planned Such performance usually depends on the demand from our clients.

6 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Land Transfers The Administrator General purposed issued 106 Land transfers out of the planned 40 Land transfers. This was due to the sensitization and awareness of people about their inheritance rights creating more demand for their share of the deceased s properties. Court Attendance and Representation In the reporting period, there was a slight increase in suits filed against Administrator General and many Civil Suits against Administrator General were settled amicably in favour of Administrator General and the Administrator General will continue with this strategy. LAW COUNCIL Disciplining Advocates and their Clerks. The Disciplinary Committee initiates disciplinary proceedings against advocates upon receipt of complaints from clients and members of the public. In the reporting period, the Disciplinary Committee concluded 84 complaints against a target of 100; in 27 sittings. Several matters are pending final judgment since the Disciplinary Committee meets once a week, with a few special sittings fixed mid-week for complaints involving many complainants. This has continuously led to the increase of the backlog problem. There is need to amending the Advocates Act and Regulations to increase on membership of the Committee so as to minimize the problem of quorum as well as having more sittings. Inspection of Chambers The Council conducts inspection of all law firms country wide to ensure that chambers of advocates countrywide are decent and well stocked with law books before Certificates of Approval can be issued. In the reporting period, 128 offices were inspected. Factors that affected performance under this activity include Change of location of some law firms made it difficult for Law Council members to inspect. Some law firms are found closed during inspection especially upcountry making them miss out hence limited opportunity for re-inspection. Some law firms do not possess the necessary requirements to be approved. Facilitation is inadequate and given once yet the exercise is continuous throughout the year. Limited staffing especially when it comes to the transport department, one driver is not adequate. (iv) Medium Term Plans

7 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Continuous capacity building of State Attorneys in specialized areas such as Contacts negotiations, Legislative Drafting and Oil& Gas. Decentralization of Ministry services by inception and operationalisation of FortPortal Regional office and Masaka The Ministry will Continue to organize sensitization workshops on management of public contracts and respect for human rights. Implementation of the New organizational structure of the Ministry (v) Summary of Past Performance and Medium Term Budget Allocations Table V1.1: Overview of Vote Expenditures (UShs Billion) Recurrent Devt. 2015/16 Outturn 2016/17 MTEF Budget Projections Approved Expenditure 2017/ / / / /22 Budget by End Dec Wage Non Wage GoU Ext. Fin GoU Total Total GoU+Ext Fin (MTEF) Arrears Total Budget A.I.A Total N/A N/A N/A N/A N/A N/A N/A N/A Grand Total Total Vote Budget Excluding Arrears (VI) Budget By Economic Clasification Table V /17 and2017/18 Budget Allocations by Item /17 Approved Budget 2017/18 Draft Estimates Billion Uganda Shillings GoU Ext. Fin AIA Total GoU Ext. Fin AIA Total Output Class : Outputs Provided Wages and Salaries Social Contributions Other Employee Costs General Expenses Communications

8 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs 223 Utility and Property Expenses Supplies and Services Professional Services Travel and Transport Maintenance Miscellaneous Other Expenses Output Class : Outputs Funded To international organisations To other general government units To Resident Non-government units Output Class : Capital Purchases FIXED ASSETS Output Class : Arrears DOMESTIC Grand Total : Total excluding Arrears (VII) Budget By Programme And Subprogramme Table V7.1: Past Expenditure Outturns and Medium Term Projections by Programme and SubProgramme Billion Uganda shillings FY 2015/16 Outturn Approved Budget FY 2016/17 Spent By End Dec Proposed Budget Medium Term Projections Legislation and Legal services Civil Litigation Line Ministries Institutions Local Gov't Institutions (Litigation) First Parliamentary Counsel Principal Legislation Subsidiary Legislation Local Government (First Parliamentary Counsel) Legal Advisory Services Central Government Local Government (Legal Advisory Services) Contracts and Negotiations

9 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs 03 Administration of Estates/Property of the Deceased Administrator General Regulation of the Legal Profession Law Council Access to Justice and Accountability Support to Justice Law and Order Sector Court Awards (Statutory) Statutory Court Awards Legislative Drafting First Parliamentary Counsel Principal Legislation Subsidiary Legislation Local Government (First Parliamentary Counsel) Civil Litigation Civil Litigation Line Ministries Institutions Local Gov't Institutions (Litigation) Legal Advisory Services Legal Advisory Services Central Government Local Government (Legal Advisory Services) Contracts and Negotiations General Administration, Policy and Planning Headquarters Support to Ministry of Justice and Constitutional Affairs Construction of the JLOS House Policy Planning Unit Internal Audit Department Office of the Attorney General Total for the Vote Total Excluding Arrears (VIII) Programme Performance and Medium Term Plans Table V8.1: Programme Outcome and Outcome Indicators

10 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Programme : Programme Objective : Responsible Officer: Programme Outcome: 03 Administration of Estates/Property of the Deceased To ensure that (i) Estates of the deceased persons and missing persons in Uganda are properly managed in accordance with the laws governing succession matters. (ii) proper management of interests/shares/properties of minors which come under the control of the Public Trustee Administrator General/Public Trustee Effective administration of Estates of deceased Sector Outcomes contributed to by the Programme Outcome 1. Enhance JLOS infrastructure and access to JLOS services Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection % of applications handled 85% 90% 95% No. of Certificates of No Objection issued to total requests received N/A Programme : Programme Objective : Responsible Officer: Programme Outcome: 04 Regulation of the Legal Profession To ensure disciplinary control over errant lawyers, inspect and approve law degree programmes, process applications for eligibility for enrolment, conduct workshops and retreats to sensitise and consult stakeholders, inspect advocates chambers and issue them with Certificate of Approval, supervise and control legal aid services. Secretary Law Council Legal Proffession effectively Regulated Sector Outcomes contributed to by the Programme Outcome 1. Enhance JLOS infrastructure and access to JLOS services Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection % of new complaints handled 70% 80% 90% % of backlogged cases handled 90% 95% 98% N/A Programme : Programme Objective : Responsible Officer: Programme Outcome: 05 Access to Justice and Accountability To enhance (i) The policy, legal and regulatory framework (through reform, harmonization and dissemination of priority laws, policies, procedures and standards; and enhancing public participation in reform processes); ii) Enhance access to JLOS services for all particularly the poor and marginalized groups. Iii) Promotion of the respect and observance of human rights and institutional accountability for service delivery. Senior Technical Advisor Improved Administration of Justice Sector Outcomes contributed to by the Programme Outcome 1. Strengthen commercial justice and the environment for competitiveness

11 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Performance Targets Outcome Indicators 2015/ / / / /20 Proportion of districts with a complete chain of functional JLOS frontline services Reduction in Human Rights violation by JLOS Institutions Actual Target Actual Target Projection Projection % 55% 60% Disposal rate of cases 70% 75% 80% N/A Programme : Programme Objective : Responsible Officer: 06 Court Awards (Statutory) To pay all the judgments of courts and other tribunals passed against the Government, its Departments and Agencies Under Secretary Programme Outcome: Providing Court Awards and compensations Sector Outcomes contributed to by the Programme Outcome 1. Strengthen commercial justice and the environment for competitiveness Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection % of Court Awards paid 5% 6% 7% % of Compensations paid 5% 6% 7% N/A Programme : Programme Objective : Responsible Officer: Programme Outcome: 07 Legislative Drafting To draft and ensure the publishing of Acts, Bills, preparation of amendments to Bills, Statutory Instruments, regulations, rules, Bye Laws, legal notices, Parliamentary resolutions, preparation of Cabinet Memoranda and information papers on legislation. Director First Parliamentary Counsel Improved Legal Framework Sector Outcomes contributed to by the Programme Outcome 1. Strengthen commercial justice and the environment for competitiveness Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection % of requests for Legislation handled 90% 94% 98% N/A Programme : Programme Objective : Responsible Officer: 08 Civil Litigation To institute or defend civil suits in which Government and/or its allied institutions are party and ensuring that court decisions are satisfied Director Civil Litigation

12 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Programme Outcome: Effective representation of Government in Court Sector Outcomes contributed to by the Programme Outcome 1. Strengthen commercial justice and the environment for competitiveness Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection % of civil proceedings defended 80% 85% 90% N/A Programme : Programme Objective : Responsible Officer: Programme Outcome: 09 Legal Advisory Services -To provide legal advisory and consultative services to the Government, to Ministries and Public bodies. -To handle legal assignments for the Attorney General and the Solicitor General. -To provide legal support to Government organs and Commissions Director Legal Advisory Services Improved Legal Advisory Services Sector Outcomes contributed to by the Programme Outcome 1. Strengthen commercial justice and the environment for competitiveness Performance Targets Outcome Indicators 2015/ / / / /20 % of requests for review of Contracts MOUs and Legal opinion that are responded to Actual Target Actual Target Projection Projection 90% 92% 94% Average time taken to review a Contract N/A Programme : Programme Objective : Responsible Officer: Programme Outcome: 49 General Administration, Policy and Planning Facilitate the smooth operation of other functions within the ministry through the provision of administrative; personnel; policy analysis and formulation; budgeting and accounting support services. Under Secretary Policy guidance and strategic direction Sector Outcomes contributed to by the Programme Outcome 1. Enhance JLOS infrastructure and access to JLOS services Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection Proportion of the Ministry Strategic Plan implemented 95% 97% 99% N/A (IX) Major Capital Investments And Changes In Resource Allocation

13 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Table 9.1: Major Capital Investment (Capital Purchases outputs over 0.5Billion) Appr. Budget and Planned Outputs Vote 007 Ministry of Justice and Constitutional Affairs Program : Access to Justice and Accountability Development Project : 0890 Support to Justice Law and Order Sector Output: Government Buildings and Administrative Infrastructure FY 2016/17 FY 2017/18 Expenditures and Achievements by end Dec Proposed Budget and Planned Outputs Construction of JLOS House -Construction of JLOS House Total Output Cost(Ushs Thousand) 2,656,430 64, ,546 Gou Dev t: 2,656,430 64, ,546 Ext Fin: A.I.A: Output: Purchase of Motor Vehicles and Other Transport Equipment -procure 2 motor vehicles for Administrator General and Court attendance -procure motor vehicles for court attendance Total Output Cost(Ushs Thousand) 304, ,000 Gou Dev t: 304, ,000 Ext Fin: A.I.A: Table 9.2: Key Changes in Vote Resource Allocation Major changes in resource allocation over and above the previous financial year Justification for proposed Changes in Expenditure and Outputs Programme : Civil Litigation Output: Civil Suits defended in Court Change in Allocation (UShs Bn) : Allocation to new programme Programme : Access to Justice and Accountability Output: Judiciary - JLOS Change in Allocation (UShs Bn) : Construction of more courts in all districts Output: Uganda Prisons Service-JLOS Change in Allocation (UShs Bn) : Construction of Kitalya min-max prison Output: Government Buildings and Administrative Infrastructure

14 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Change in Allocation (UShs Bn) : Reallocated to other Government priority sector Programmes Programme : Legal Advisory Services Output: Contracts, Legal Advice/opinion Change in Allocation (UShs Bn) : Allocation to new programme Programme : Legislative Drafting Output: Bills, Acts, Statutory Instruments, Ordinances, By Laws Change in Allocation (UShs Bn) : Allocation to new programme Programme : General Administration, Policy and Planning Output: Policy, consultation, planning and monitoring services Change in Allocation (UShs Bn) : Budget Cuts by MOFPED Output: Human Resource Management Services Change in Allocation (UShs Bn) : Allocation to newly created Programme HRM Output: Records Management Services Change in Allocation (UShs Bn) : Allocation to newly created Programme Records Management Services Output: Purchase of Motor Vehicles and Other Transport Equipment Change in Allocation (UShs Bn) : Budget Cuts by MOFPED Output: Purchase of Office and ICT Equipment, including Software Change in Allocation (UShs Bn) : More funds for purchase of computers Programme : Regulation of the Legal Profession Output: Conclusion of disciplinary cases Change in Allocation (UShs Bn) : Budget Cut by MOFPED Output: Inspection and Supervision Change in Allocation (UShs Bn) : Budget Cut by MOFPED (X) Vote Narrative For Past And Medium Term Plans Vote Challenges

15 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs The performance of the Ministry has been greatly hindered by the following constraints:- High Staff Turnover due to poor remuneration: The Ministry is committed to recruiting training and retaining skilled, dedicated and well motivated staff. However, it is faced with the challenge of retaining State Attorneys due to the low remuneration compared to the private sector. As a result, the turnover of the staff has remained high leading to loss of skilled staff. In the last three financial years, 23 legal and 5 non legal staff have left the Ministry. Filling of the new Ministry staff structure: The delayed restructuring of the core directorates and the departments of Administrator General, Law Council and Finance and Administration and the Regional Offices has continued to hamper the smooth delivery of services to the general public. This had manifested in form of inadequate manpower which undermines performance in Courts attendance, legal advisory services, legislation, estates management and regulation of the legal profession. However on a good note the approval to restructure has now been secured. Filling the vacant posts requires an additional UGX.1.5bn on the wage provision in FY 2017/18. The filling and operationalisation of the new staff structure will help boost court attendance and delivery of the legal services which are the mandate of the Ministry. Escalating Court Awards: Despite effectively defending Government in Court, the Office of the Attorney General has seen the liability grow from UGX. 249bn in FY 2012/13 to over UGX.865bn at the end of FY 2015/16. The contingent liability of Government against uncompleted civil matters (ongoing cases) is estimated at UGX.4.2 Trillion. We strongly believe that operationalisation of the new staff structure will go a long way to stop this from turning into actual liability. The major causes of the growing liability include lack of institutional and individual accountability, failure of State witnesses to attend Court and poor logistical facilitation of the Attorney General s Chambers. It is pertinent that Government must contain the ever escalating liability on Court awards. To do this there is need to introduce punitive and administrative sanctions on errant officials; MDAs should be accountable; decentralise payment of Court Awards; and strengthen Attorney General s Chambers. Inadequate funding for operations: The total budget provision of UGX.85.5bn is inadequate for effective service delivery. Of this UGX.32Bn is for the JLOS SWAp development fund, UGX.33bn for Court Awards, UGX.3.5Bn for wages, UGX. 3.4bn for rent leaving only UGX.12.5bn for operations. We need an additional UGX.8.5bn to boost our operational budget to effectively carry out the ministry mandate. The ministry s vehicle fleet is also depleted which affects the ability of the State Attorneys to attend Court across the country. The Ministry requires UGX.2.5bn to replenish the fleet. The Ministry currently has 23 Vehicles to transport 35 officers to the magistrates court, High court, Court of Appeal and the supreme court. This is inadequate. In addition the available vehicles are in very poor mechanical condition, for they have outlived their usefulness. Another example is say Mbarara regional office which 12 officers that cover 32 districts and they only have 3 vehicles, 2 old and another new that traverse between Kisoro and Kyenjojo districts. Plans to improve Vote Performance

16 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs -Filling vacant positions in the new Ministry Structure -Automation of Business processes in all Directorates and Departments -Opening up of more regional offices -Conducting sensitization workshops to increase awareness -Continuous capacity building (XI) Vote Cross Cutting Policy And Other Budgetary Issues Table 11.1: Cross- Cutting Policy Issues Issue Type: HIV/AIDS Objective : Issue of Concern : Planned Interventions : -Having a healthy workforce at the Ministry of Justice and Constitutional Affairs HIV/AIDS Budget Allocation (Billion) : Performance Indicators: Issue Type: Objective : Issue of Concern : -Implement the HIV/AIDS Management Act; continue distribution male and female condoms; Conduct sensitization workshops; Provision of counseling services; Encourage male circumcision; Encourage HIV/AIDS testing & blood donation. -Number of planned interventions implemented Gender -Mainstream gender and equity in all Ministry operations. Gender and equity Planned Interventions : -Ensure all Laws and policies drafted by the Ministry address gender and equity concerns. - Prioritize service delivery to vulnerable groups such as widows, children disabled, in all departments. -Create a gender responsive working environment. Budget Allocation (Billion) : Performance Indicators: Issue Type: Objective : Issue of Concern : Planned Interventions : Budget Allocation (Billion) : Performance Indicators: Table 11.2: AIA Collections -Number of vulnerable persons served by the Ministry departments Enviroment -Provision of conducive working environment at the workplace Environment -Implementation of the existing laws and policies on environment; -Procure containers for waste disposal -Procure paper shredders -Introduce a tree planting drive -Pin up sign posts for No smoking zone -Improved working environment (XII) Personnel Information

17 Ministry of Justice and Constitutional Affairs Vote: 007 Ministry of Justice and Constitutional Affairs Table 12.1 : Vote Staffing Profile by Post

18 Judiciary Vote: 101 Judiciary V1: Vote Overview (i) Vote Mission Statement To administer Justice to all people in Uganda in an independent, impartial, accountable, efficient and effective manner (ii) Strategic Objective To Enhance Adjudication of Court Cases (iii) Major Achievements in 2016/17

19 Judiciary Vote: 101 Judiciary Disposal of Appeals in the Supreme Court 2 Criminal Cases disposed of; 10 Civil Cases (4 Civil Appeals and 6 Civil Applications) disposed of; 2 Constitutional Cases disposed of. Disposal of Appeals and Constitutional Matters in the Court of Appeal 173 Civil Cases (59 Civil Appeals and 114 Civil Applications) disposed of; 5 Constitutional Cases disposed of; 190 Criminal Cases (100 Criminal Appeals and 90 Criminal Applications) disposed of; 22 Election Petition Cases (21 Election Petition Applications and 1 Election Petition Appeal) disposed of. Disposal of Appeals and Suits in the High Court 3,549 Civil cases disposed of; 2,471 Criminal Cases disposed of; 1,576 Family cases disposed of; 1,541 Land Cases Disposed of; 1076 Commercial cases disposed of; 153 Anti-corruption cases disposed of; 1007 Cases disposed of through Plea bargaining; 552 Persons offered legal aid. Disposal of Suits and Appeals in the Magistrate Courts 61,242 (35,607 cases at Chief Magistrates Court; 22,065 cases at Grade I Courts; 3,570 cases at Grade II Courts) disposed of in the Magistrates Courts. Capacity Building of staff in the Judiciary 4 Registrars, 31 Chief Magistrates and 106 Magistrates Grade I inducted; 22 Judges and Registrars trained in Counterterrorism, International and Transnational Crimes; 55 Chief Magistrates and 45 Magistrate Grade I trained in taking of evidence by Audio Visual Link;10 Judicial Officers trained on Judicial Enforcement of Economic, Social and Cultural Rights; Meeting of Registrars and Chief Magistrates held, Reproductive Rights Round Table Discussion for Judges, Launch of the Gender Bench Book, Customised Training Programme on advanced Oil and Gas for Judges and Magistrates, Insolvency Training for Judges, Training of Trainers in Human Rights for Judges. Judiciary Support Services Operational funds to SC, COA, 20 HC Circuits, HC Headquarters, 41 CMS and 187 independent G1 Courts provided; 206 Vehicles and 56 motorcycles maintained; 141 Buildings (96 Judiciary owned and 45 rented buildings) maintained; Uniforms for Support staff provided; HIV/AIDS Workplace policy implemented. Human Resource Management Services Payroll printed and bound. Records Management Services Data on staff compiled; Quarterly file census conducted. Purchase of Motor Vehicles and Other Transport Equipment Seven (7) Station Prado Wagon Motor Vehicles were purchased and handed over to Judges. Purchase of Office and ICT Equipment, including Software Two desktop Computers and two laptops were purchased. Zero Courts networked due to limited funds Construction and Rehabilitation of Judicial Courts Renovation for the Chief Justice's residence and Makindye Family Court was carried out. However, due to limited funds there was no rehabilitation of Mbarara Chief Magistrate Court

20 Judiciary Vote: 101 Judiciary (iv) Medium Term Plans Implement the ICT Strategy. Expand magisterial areas and High Court Circuits. Implement the new Staff Structure. Implement the Case Backlog Reduction Strategy. (v) Summary of Past Performance and Medium Term Budget Allocations Table V1.1: Overview of Vote Expenditures (UShs Billion) Recurrent Devt. 2015/16 Outturn 2016/17 MTEF Budget Projections Approved Expenditure 2017/ / / / /22 Budget by End Dec Wage Non Wage GoU Ext. Fin GoU Total Total GoU+Ext Fin (MTEF) Arrears Total Budget A.I.A Total N/A N/A N/A N/A N/A N/A N/A N/A Grand Total Total Vote Budget Excluding Arrears (VI) Budget By Economic Clasification Table V /17 and2017/18 Budget Allocations by Item /17 Approved Budget 2017/18 Draft Estimates Billion Uganda Shillings GoU Ext. Fin AIA Total GoU Ext. Fin AIA Total Output Class : Outputs Provided Wages and Salaries Social Contributions Other Employee Costs General Expenses Communications Utility and Property Expenses Supplies and Services Professional Services Travel and Transport

21 Judiciary Vote: 101 Judiciary 228 Maintenance Miscellaneous Other Expenses Output Class : Capital Purchases FIXED ASSETS Output Class : Arrears DOMESTIC Grand Total : Total excluding Arrears (VII) Budget By Programme And Subprogramme Table V7.1: Past Expenditure Outturns and Medium Term Projections by Programme and SubProgramme Billion Uganda shillings FY 2015/16 Outturn Approved Budget FY 2016/17 Spent By End Dec Proposed Budget Medium Term Projections Judicial services Judiciary Case Disposal by Jurisdiction and category General Administration, Planning and Support Services Assistance to Judiciary System Infrastructure and ICT Developed Total for the Vote Total Excluding Arrears (VIII) Programme Performance and Medium Term Plans Table V8.1: Programme Outcome and Outcome Indicators Programme : 51 Judicial services Programme Objective : Enhancing Administration of Court Cases Responsible Officer: Kagole Expedito Kivumbi - Permanent Secretary Programme Outcome: Enhanced access to judicial services Sector Outcomes contributed to by the Programme Outcome 1. Enhance JLOS infrastructure and access to JLOS services Performance Targets Outcome Indicators 2015/ / / / /20 Actual Target Actual Target Projection Projection

22 Judiciary Vote: 101 Judiciary Disposal rate of cases by court level and case category 47% 52% 57% SubProgramme: 01 Judiciary Output: 01 Disposal of Appeals in the Supreme Court Average time taken to dispose of cases in the Supreme Court (days) No. of Criminal Appeals in the Supreme Court timely disposed off. No. of Civil Appeals in the Supreme Court timely disposed Output: 02 Disposal of Appeals and Constitutional Matters in the Court of Appeal Average time taken to dispose of cases in the Court of Appeal (days) No. of Civil Appeals in the Court of Appeal Disposed off No. of Criminal Appeals in the Court of Appeal Disposed off Output: 03 Disposal of Appeals and Suits in the High Court % of persons accused of capital offences accessing state briefs Average time (days) taken to dispose of cases in the High court No. of Civil and Criminal Appeals in the High Court disposed off No. of Civil and Criminal Suits in the High Court disposed off 100% 100% 100% No. of indigent persons accessing legal aid (IX) Major Capital Investments And Changes In Resource Allocation Table 9.1: Major Capital Investment (Capital Purchases outputs over 0.5Billion) FY 2016/17 FY 2017/18 Appr. Budget and Planned Outputs Vote 101 Judiciary Program : Judicial services Development Project : 0352 Assistance to Judiciary System Expenditures and Achievements by end Dec Proposed Budget and Planned Outputs Output: Purchase of Motor Vehicles and Other Transport Equipment

23 Judiciary Vote: 101 Judiciary a) Double Cabin Pickup for an administrative Officers b) Double Cabin vehicle for Chief Magistrates c) Ten Double cabin vehicles for Magistrates G.1 d) Twenty four Motor cycles for process service e) Station wagon for court of Appeal f) Station Seven (7) Station Prado Wagon Motor Vehicles were purchased and handed over to Judges. a )One Cabin Pickup for admin b ) 2 double Cabin vehicles for CM c)one cabin vehicle for G.1 f )Station wagon for Court of Appeal g)station wagon for High Court h)one Lorry i) 2 Saloon cars j) 30 seater Coaster a )One Cabin Pickup for an administrative Officer b ) 2 double Cabin vehicles for a Chief Magistrates c)one cabin vehicle for a Magistrates G.1 f )Station wagon for Court of Appeal g)station wagon for High Court Judges g)one Lorry for pool services Total Output Cost(Ushs Thousand) 3,759, ,750 1,879,500 Gou Dev t: 3,759, ,750 1,879,500 Ext Fin: A.I.A: Output: Purchase of Specialised Machinery & Equipment a) Procure 4 Sets of Court Recording and Transcription Equipments for the Courts b) Photocopiers for 10 selected CM Courts. c) Photocopiers for 12 selected G.1 Courts Zero (0No.) Sets of of Court Recording and Transcription Systems procured. 4 sets of Court Recording and Transcription Equipment; Photocopiers for 4 High Court Circuits; Photocopiers for 11 Chief Magistrates Courts; d Solar Pannels for five selected Courts Solar Panels for 4 selected Courts. Total Output Cost(Ushs Thousand) 760, ,000 Gou Dev t: 760, ,000 Ext Fin: A.I.A: Output: Construction and Rehabilitation of Judicial Courts Rehabilitation of Busia CM, Mbarara Cm and Kumi G.1 Renovation for the Chief Justice's residence and Makindye Family Court was carried out, however, due to limited funds there was no rehabilitation of Mbarara Chief Magistrate Court Nebbi, Kitgum, Buganda Road, Mubende and Mityana Chief Magistrates Courts rehabilitated Total Output Cost(Ushs Thousand) 635, , ,000 Gou Dev t: 635, , ,000 Ext Fin: A.I.A: Table 9.2: Key Changes in Vote Resource Allocation Major changes in resource allocation over and above the previous financial year Justification for proposed Changes in Expenditure and Outputs Programme : Judicial services Output: Capacity Buidling of staff in the Judiciary Change in Allocation (UShs Bn) : This is meant to address the change demands in case disposal which call for capacity building of all staff of the Judiciary

24 Judiciary Vote: 101 Judiciary Output: Human Resource Management Services Change in Allocation (UShs Bn) : This is meant to cater for the increase in staffing as a result of the planned opening of new service delivery points Output: Records Management Services Change in Allocation (UShs Bn) : The Judiciary needs to improve on the records management which is very critical in cases disposal Output: Purchase of Motor Vehicles and Other Transport Equipment Change in Allocation (UShs Bn) : This was a result of the 50 % budget Cuts as per the cabinet directive for cost savings (X) Vote Narrative For Past And Medium Term Plans Vote Challenges

25 Judiciary Vote: 101 Judiciary While there is without a doubt the immense potential for the Judiciary to contribute to the achievement of the strategic goals and objectives of the NDP II, a number of challenges hinder the Judiciary s contribution in playing its role in the attainment of NDP II. These include the following; 1. Absence of a specific law to operationalise the mandate of the Judiciary. 2. Limited manpower at all levels of courts. The Supreme Court has 2 vacancies; the Court of Appeal has 3 vacancies, the High Court has 41 vacancies, Registrars have 4 vacancies and the Magistrates Courts have 18 vacancies. This number is limited in light of the number of cases that the courts are supposed to handle. With improved performance of the country and formalization of the economy, the public are filing more cases and much faster than the courts can handle. The rate of filing cases has also continued to outstrip the rate of disposing cases against an approved management structure the faces a deficit of 22 bn for wage. 3. The Judiciary s structure and service points are limited in scope and cannot therefore take on the increased caseload. There is need to operationalise the recently created High Court Circuits meant to increase the number from the previous 13 to 20; Court of appeal needs to be decentralized to four other regions; there is need to facilitate the increase in Chief Magistrates areas from 39 to 82 while Magistrates Grade one should be posted per sub county level in order to cover the gaps left by the lay magistrates G.11 who are being phased out under the professionalization of the bench policy. This will help in meeting the set targets and reducing the workload which is vital for realization of the goals of the NDP II. 4. The courts have limited funds to conduct sessions. The Judiciary s resources for sessions in the High Court can only fund 1,300 cases annually against the constantly growing number of cases that are committed for trial in the High Court. The Court of Appeal has limited resources to carry out up country sessions, which have proved to be effective in tackling case backlog. The Chief Magistrate Courts depend on the good will of counsel on State Brief to represent the accused persons charged with cases that attract life imprisonment which threatens to infringe on the much revered Art. 28 of the constitution on the Right to a fair hearing. Besides, funds for other court operations are severely constrained and thus limit the capacity of the Judiciary to carry out its mandate. 5. The absence of a well-facilitated infrastructure for Alternative Dispute Resolution means that more than 95% of the cases are left to be resolved through the adversarial system, which is characteristically slow, protracted and costly. 6. The law requires to be amended to reduce the processes and timelines for cases as well as re- engineering the courts business processes. 7. Corruption and other unethical practices contribute to inordinate delays in the processing of cases. 8. Most of the Judiciary s operations are manual with the exception of appellate courts and the High Court, which have secondgeneration court recording equipment. The limited use of courtroom technology has therefore hampered the timely resolution of cases and jeopardized security of court records and case management. 9. The courts lack adequate transport to conduct locus in quo in land cases especially for Magistrates where vehicle coverage is only 11% and for Registrars who are required to supervise the administration of justice across the country. Plans to improve Vote Performance Prioritize computerization for improved case management. Roll out of case disposal initiatives such as plea bargaining, Small Claims Procedure and Performance enhancement and Alternative Dispute Resolutions (ADR). Prioritize provision of transport equipment for Judicial Officers to enhance land justice delivery. Facilitate Case Backlog Reduction sessions across all Court levels. (XI) Vote Cross Cutting Policy And Other Budgetary Issues Table 11.1: Cross- Cutting Policy Issues

26 Judiciary Vote: 101 Issue Type: Judiciary HIV/AIDS Objective : Issue of Concern : Planned Interventions : Budget Allocation (Billion) : Performance Indicators: Issue Type: Objective : Issue of Concern : Planned Interventions : Sensitize Judiciary staff on HIV/Aids and its related challenges at the workplace Many staff are not aware of the HIV/Aids support mechanisms available at Judiciary and in Public Service. Hold workshops for Staff sensitization Number of staff sensitized Gender Budget Allocation (Billion) : Performance Indicators: Issue Type: Objective : Issue of Concern : Planned Interventions : Budget Allocation (Billion) : Performance Indicators: Table 11.2: AIA Collections Support Courts to identify and address gender gaps in case dispsal Most court staff have not been involved in identification of Gender issues in disposal of cases Engage Court Staff in focus group discussions on gender issues in case disposal Number of Courts where focus group discussions have been held Enviroment Fast-track cases on protection of the environment across all court levels There is no special attention accorded to cases that deal with protection of the environment Identify and handle cases on protection of the environment Number of cases on environment disposed within a year of filing (XII) Personnel Information Table 12.1 : Vote Staffing Profile by Post Post Authorised Establishme nt Filled Posts Vacant Posts Cleared for filling in 2017/18 Number of Posts Estimate d for 2017/18 Scale Gross Salary Rate per Month Annual Cost of Filled Posts 2017/18 Annual Cost of Estimated Posts 2017/18 Principal Records Officer U2 1,291, ,502,560 Architect U4 1,177, ,132,256 Assistant Commisioner/Accountant U1E 1,728, ,736,084 Assistant Commissioner/Audit U1E 1,728, ,736,084 ASSISTANT ENG' OFFICER N/A 383, ,605,120 ASSISTANT LIBRARIAN U6 (UPPE R) ASSISTANT RECORDS OFFICER U5 (UPPE R) 454,830 1,364,490 5,457, ,319 6,878,509 7,503,828 ASSISTANT REGISTRAR U1SE 3,237,000 38,844,000 38,844,000