Chief Justice Flavian Zeija Reaffirms Commitment to Judicial Accountability at Soroti High Court Open Day

By Peterson Hiirya.

Soroti city : During the Soroti High Court Open Day held under the theme “Enhancing Judicial Accountability and Access to Justice”, Chief Justice Flavian Zeija engaged with stakeholders and court users, addressing concerns affecting the Judiciary and highlighting ongoing reforms.

The Chief Justice Zeija began by responding to concerns raised by Soroti Woman MP Anna Deke Ebaju On prison congestion and prolonged remand periods, he explained that the problem is largely a funding issue, where Parliament could provide critical support.

He highlighted that the Judiciary’s budget is only 34 percent of Parliament’s allocation, meaning Parliament receives 69 percent more than the judiciary.

He said that while the Judiciary’s budget increased between 2020 and 2022, it has remained stagnant over the past three years. Chief Justice Zeija emphasized that addressing this funding gap would resolve many current challenges.

He further noted that delays in criminal cases are partly due to insufficient funds for court sessions, which are necessary to facilitate lawyers and witnesses.

Regarding the deployment of Grade One Magistrates and the operationalization of the High Court in PaliSa, he said these issues are also tied to funding constraints.

Uganda is expected to have 150 High Court judges but currently has only 90, leaving a shortfall of 60. With adequate resources, recruitment of additional judicial officers could immediately address this gap.

Zeija also expressed support for the rollout of Alternative Dispute Resolution (ADR), noting that the Judiciary is actively training traditional, religious, and community leaders to help dispense justice locally and reduce pressure on formal courts.

Addressing the Uganda Law Society, the Chief Justice corrected a previously cited figure on access to justice. While it had been stated that only 5 per cent of the population accesses the judiciary, the 2024 Justice Needs Report places the figure at 10 per cent, showing progress since 2020.

He urged a change in approach, cautioning that constant public criticism of the Judiciary could undermine confidence. Any disagreements between the Uganda Law Society and the Judiciary, he emphasized, should be addressed through established channels.

Regarding mandatory bail, he explained that guidelines were introduced following a constitutional petition challenging magistrates’ powers to grant bail in capital offences; the petition was subsequently withdrawn.

He suggested streamlining the process so that the High Court addresses mandatory bail matters promptly and without unnecessary procedural hurdles.

While agreeing that 39 High Court circuits are insufficient, he reiterated that many qualified lawyers cannot join the Bench without adequate funding.

He also encouraged members of the Bar to reflect on their role in case delays, noting that adjournments and unnecessary applications sometimes contribute to backlogs.

On daily hearing sessions, Chief Justice Zeija explained that he had piloted the initiative in the Criminal Division during his tenure as Principal Judge, intending to perfect it over a year before nationwide rollout.

However, insufficient State Attorneys limit its implementation. At the time he left office, 18 magistrate courts had no State Attorneys.

With proper staffing and funding, daily hearings could significantly reduce prison congestion and case backlog and allow more matters to be resolved at lower courts.

Addressing Administrative Order No. 20 of 2020, he clarified that domestic adoptions continue to be heard by the High Court, while inter-country adoptions were suspended to strengthen oversight following concerns from foreign authorities.

He stressed that individuals seeking to take children abroad must have the capacity to process applications through the appropriate channels.

Institutional Relations and Other Matters
On fostering Bar–Bench relations, the Chief Justice emphasized the importance of reconciliation, drawing on his experience as a dedicated advocate who appeared in courts up to the Supreme Court.

He affirmed his commitment to a strong Uganda Law Society and encouraged shifting from confrontation to mediation.

Regarding court martial victims, he noted that courts only adjudicate cases formally brought before them and suggested that unresolved matters may need to be addressed with the Office of the Director of Public Prosecutions or the Attorney General.

He also highlighted ongoing efforts to expand court infrastructure, acknowledging that funding remains a primary constraint.

In addition, he announced the establishment of mobile courts to serve hard-to-reach areas, including islands on Lake Victoria. Judicial officers will travel with tents and equipment to conduct court sessions on-site, improving access to justice for communities unable to reach mainland courts.

Concluding his remarks, He emphasized that the era of distant and unapproachable judges is over and encouraged citizens to report corruption.

He reminded attendees that the Judicial Service Commission handles complaints against judicial officers and suggested that future engagements provide more time for the Commission to explain its role.

He ended by expressing appreciation for the audience’s attention and reaffirmed his commitment to serving the country.