The Judiciary has developed a robust Information and Communications Technology (ICT) strategy. It is expected that within the next three years, an e-justice will have been operationalized. Chief Justice Bart Katureebe revealed this on Friday while inaugurating the Legal Aid innovations conference at Hotel Africana in Kampala.

Katureebe said it was imperative that the Government facilitates the development of a legal aid policy and law, adopts a-state-funded legal aid scheme and strengthens community-led initiatives, such as local council courts and a paralegal advisory system that would fill the existing gaps in legal aid service provision.

He, however, regretted that the system was still struggling to eliminate case backlog, which he said was one of the greatest systemic barriers against access to justice.

“The sector is also still grappling with the fact that most Justice Law and Orders Sector (JLOS) institutions remain largely urban-based and unavailable in 18% of the district, while 41% of the institutions operate from premises not fit for the purpose.

The justice system is further faced with many other constraints in service delivery that include lack of modern ICT equipment and reliance on manual processes, low budgetary support to sector institutions, limited legal reference materials, poor remuneration and conditions of service for judicial officers and other staff within the institutions and limited knowledge of the law and human rights by the majority population, among others,” Katureebe further lamented.

He said a report by The Hague Institute for Innovation and the Law (HIIL) on Justice Needs 2016 also revealed that 88% of Ugandans experienced difficulty in accessing justice in the past four years, with land and family cases being rated as the top two most critical disputes.

Katureebe noted that only 18% of the Ugandan population receives legal aid services annually, which leaves the majority, especially the poor and most vulnerable, unable to access justice.      

Katureebe said that such a situation leads to frustration sometimes, culminating into criminality manifesting in acts such as suicide and use of extra judicial means like mob justice, which creates insecurity to the population.

He noted that there is an acute shortage of legal practitioners in rural areas and that the legal aid service providers currently available provide project-led interventions, which are not sustainable. 

“Our focus should be on what work for the ordinary persons who form the majority of our population. Once we develop a simple, user-friendly and cost effective justice system, the majority will be satisfied and the rates of satisfaction will hit through the roof, which will have unprecedented impact on the public confidence in the administration of justice in this country,” Katureebe stressed.

Source: New Vision / Published: September 11, 2017

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What Is a Small Claim?

This is a civil claim whose subject matter value does not exceed Ug. Shs. 10,000,000. For example, the small claims procedure (SCP) can be used for matters arising out of the supply of goods, debts and rent.

What Is the Jurisdiction of the SCP Court?

• The small claims procedure claims procedure is applicable to claims not exceeding Ug.shs 10,000,000 in value.
• Every suit shall be instituted in a court in whose jurisdiction the cause of action wholly or in part arises.
• In case of a rental dispute or claim, a small claim is instituted in a court in whose jurisdiction the property is situated or where the defendant resides.

What Matters are excluded from Jurisdiction of The SCP Court?

• Claims exceeding Ug. Shs. 10,000,000.
• Claims against the government.
• Family disputes relating to the management of an estate.
• Contracts of service and contracts for service.
• Suits for defamation, wrongly arrest, wrongful imprisonment, malicious prosecution and seduction.
• Petitions for divorce, nullification of marriage or separation of spouses.
• Claims concerning the validity of a will.
• A claim in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable property and disputes arising out of tenancy agreements not exceeding Ug Shs 10,000,000 in value.