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THE JUDICIARY (ADMINISTRATION) BILL, 2014

MEMORANDUM

The object of this bill is to operationalize provisions of the Constitution of

Uganda relating to the Judiciary, improve the administration of justice, improve efficiency and effectiveness of the Courts of Judicature, strengthen the independence of and streamline the administration of the Courts of

Judicature in Uganda.

Independence of the Judiciary can be effectively realised if the Judiciary is autonomous in respect of finances and personnel. The proper functioning

of the Judiciary cannot be undertaken with the current structure of funding and employment.

Most commonwealth jurisdictions have similar legislation and a similar law

in Kenya has led to a stronger and independent Judiciary.

______________________________ Hon. Okot Ogong

Member of Parliament

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JUDICIARY (ADMINISTRATION) BILL, 2014

ARRANGEMENT OF CLAUSES

PART I- PRELIMINARY

Clause.

1. Short Title

2. Interpretation.

3. Object and purpose of the Act.

4. Standard of service

PART II JUDICIAL SERVICE

5. Judicial Service

6. Functions of the Chief Justice and the Deputy Chief Justice

7. The Court of Appeal

8. The High Court

9. Legal Researchers

10. Functions and powers of the Chief Registrar

11. Qualifications for appointment as Chief Registrar

12. Registrars

13. Temporary vacancy in the office of the Chief Registrar

14. Suspension or removal of the Chief Registrar

PART III THE JUDICIARY ADMINISTRATION COUNCIL

15. Establishment of the Council

16. Tenure of office

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17. Functions of the Council

18. Meetings of the Council

19. Report of the Council

20. Decisions of the Council

21. Conflict of Interest

PART IVFINANCIAL PROVISIONS

22. Finances of the Judiciary

23. Expenses of the Judiciary

24. Sources of the Judiciary Fund

25. Bank Accounts

26. Financial year estimates

27. Financial year of the Judiciary

PART V ANNUAL REPORT AND AUDITED ACCOUNTS OF THE JUDICAIRY

28. Annual Report

29. Accounts and audit

PART VI MISCELLANEOUS PROVISIONS

30. Oath of office

31. Confidentiality

32. Protection from personal liability

33. Offences and penalties

34. Regulations

35. Transition and savings

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36. Employees of the Judiciary

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A Bill for an Act

Entitled

THE JUDICIARY (ADMINISTRATION) ACT, 2014

A Bill to provide for the administration of Justice, strengthening of the Judiciary, regulation of the Judiciary Fund, the establishment, powers and functions of the Judiciary Administration Council and for connected purposes.

BE IT ENACTED by Parliament as follows:

PART IPRELIMINARY PROVISIONS.

Short Title

1. The Act may be cited as The Judiciary (Administration) Act, 2013

Interpretation

2. In this Act, unless the context otherwise requires

(a) Chairperson means the Chairperson of the Judiciary Administration Council established under this Act and includes the Vice Chairperson or any other member of the Judiciary Administration Council when discharging the functions of the Chairperson;

(b) Chief Registrar means the Chief Registrar of the Judiciary referred to in Article 145 of the Constitution;

(c) Commission means the Judicial Service Commission as provided for in article 146 of the Constitution;

(d) Council means the Judicial Administration Council established under this Act;

(g) Fund means the Judiciary Fund established under this Act.

(h) Judicial officer includes a Registrar, Deputy Registrar, Magistrate or the presiding officer of any other court or tribunal as may be established by an Act of Parliament;

(g) Judicial service means the judicial service established in Section 5 of the Act;

(h) Judicial staff means persons employed in the Judiciary but without power to make judicial decisions;

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(i) Registrar includes a Deputy registrar and an Assistant Registrar as provided for in article 145(1) of the Constitution;

(j) Secretary means the secretary to the Council provided for under this Act

Object and purpose of the Act.

3. The object and purpose of this Act is to, among other things, ensure that the Judiciary shall

(a) Operationalize provisions of the Constitution relating to the administration of justice;

(b) be the organ of management of Judicial services and, in that behalf, shall uphold, sustain and facilitate its independence and impartiality subject only to the provisions of the Constitution and any other written law;

(c) facilitate the conduct of a judicial process designed to render justice to all;

(d) To strengthen the independence of the Judiciary and make the Courts accountable to the people of Uganda;

(e) operate and manage the Judicial Services Institute

(f) facilitate a judicial process that is committed to the expeditious determination of disputes;

(g) support and sustain a judicial process that is committed to the protection of human rights and the rule of law;

(h) be the administrative manifestation of the Judiciary's autonomy and inherent power to protect and regulate its own process, achieving these objects through application of principles set out in the Constitution and other laws; and

(j) facilitate accessibility of judicial services to all Ugandans;

Standard of service

4. In the exercise of the powers or the performance of the functions conferred by

this Act, the Judiciary shall, among other things

(a) have the technical, infrastructural and administrative competence to ensure that the requirements of the judicial process are fulfilled;

(b) adopt quality service as a core principle and, to uphold this principle; the Judiciary shall formulate a modern and constantly updated

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scheme of judicial and other training for all categories of Judges, judicial officers and staff of the Council;

(c) be guided in their activities by the relevant provisions of the Constitution;

(d) uphold the judicial service code of conduct and ethics as may, by regulations, be prescribed;

(e) be non-partisan and non-political in orientation and operation;

(f) promote and uphold honesty and integrity in its operations, and give fulfillment to all values essential for the discharge of judicial functions; and

(g) apply and promote such other positive values as may, be prescribed by regulations made hereunder or by any Act of Parliament.

PART II JUDICIAL SERVICES

Judicial Service

5.(1) There shall, for the purposes of administration of the Judiciary be a Judicial

Service which shall comprise of all Judicial Officers, non judicial officers who perform judicial functions and any other staff who perform support services necessary for the efficient administration of justice.

(2) The Chief Justice may from time to time, by statutory instrument determine the judiciary staff referred to in subsection (1).

(3) All personnel working in the Judiciary shall be bound by the code of conduct applicable to the judicial service, the code of conduct relating to public servants, standing orders formulated by the Chief Justice and any other applicable conduct governing professionals.

Functions of the Chief Justice and the Deputy Chief Justice

6. (1) The Chief Justice shall be the head of the Judiciary and shall be responsible for the overall administration and supervision of Courts in Uganda.

(2) The Chief Justice shall be the link between Judiciary and the other arms of Government.

(3) The Chief Justice may issue orders and directions to Court for the proper and efficient administration of justice.

(4) Despite the generality of subsection (1), the Chief Justice shall

(a) assign duties to the Deputy Chief Justice, the Principal Judge of the High Court and the Chief Registrar of the Judiciary;

(b) give an annual report to the nation on the state of the Judiciary and the administration of justice; and cause the report to be published in

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the Gazette, and a copy thereof sent, under the hand of the Chief Justice, to the Clerk of Parliament for it to be laid before Parliament.

(c) exercise general direction and control over the Judiciary.

(5) Subject to the provisions of the Constitution, the Chief Justice may, in consultation with Judicial Service Commission, create, reclassify, change and abolish offices within the Judicial service as will ensure the efficient functioning of the Judiciary.

(6) The Chief Justice may formulate and implement standing orders providing for the administration and conduct of the judicial service and recommendations on the terms and conditions of service including training of judicial staff.

(7) The Chief Justice shall take any action appropriate to the exercise of the powers specified in this section as well as other laws and appropriate to the exercise of administrative authority and supervision by the Chief Justice over the Courts of Uganda.

(8) As the Deputy Head of the Judiciary, the Deputy Chief Justice shall be responsible to the Chief Justice in the exercise of the functions and duties of the office.

(9) Where the office of the Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his or her office, then until a person has been appointed to and has assumed the functions of that office or until the Chief Justice has resumed the performance of those functions, the administrative functions of the Chief Justice shall be performed by the Deputy Chief Justice.

(10) Where-

(a) the office of the Deputy Chief Justice is vacant; or

(b) the Deputy Chief Justice is acting as Chief Justice; or

(c) the Deputy Chief Justice is for any reason unable to perform the functions of his or her office,

Then, until a person has been appointed to and has assumed the functions of the office of the Deputy Chief Justice, those functions shall be performed by a Justice of the Supreme Court or a Justice of Appeal designated by the President, after consultation with the Chief Justice, or the acting Chief Justice, as the case may be.

The Court of Appeal

7. (1) The Court of Appeal of Uganda shall consist of-

(a) the Deputy Chief Justice; and

(b) such number of justices of Appeal not being less than fourteen as Parliament may by law prescribe.

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(2) The Court of Appeal shall be duly constituted at any sitting if it consists of an uneven number not being less than three members of the Court of Appeal.

(3) The Deputy Chief Justice shall preside at each sitting of the Court of Appeal and in the absence of the Deputy Chief Justice; the most senior member of the court as constituted shall preside.

(4) The Chief Justice, in consultation with the Deputy Chief Justice, may create divisions of the Court of Appeal as the Chief Justice may consider necessary-

(a) consisting of such numbers of justices of Appeal as may be assigned to them by the Chief Justice; and

(b) sitting at such places in Uganda as the Chief Justice may, in consultation with the Attorney General, by statutory order, prescribe.

(5) Subject to the provisions of article 133 of the Constitution, the Deputy Chief Justice shall-

(a) deputise for the Chief Justice as and when the need arises;

(b) be the head of the Court of Appeal and in that capacity assist the Chief Justice in the administration of that court; and

(c) perform such other functions as may be delegated or assigned to him or her by the Chief Justice.

(6) (a) Any questions as to the interpretation of the Constitution shall be determined by the Court of Appeal sitting as the Constitutional court.

(b) When sitting as a constitutional court, the Court of Appeal shall consist of a bench of five members of the court.

(7) The Deputy Chief Justice be responsible to the Chief Justice for the administration of the Court of Appeal sitting as a constitutional court.

(8) The Deputy Chief Justice shall in consultation with the Chief Registrar, ensure the proper functioning of the Court of Appeal.

The High Court of Uganda

8. (1) The High Court of Uganda shall consist of-

(a) the Principal Judge; and

(b) such number of Judges, not being less than fifty, as Parliament may by law prescribe.

(2) The Principal Judge shall be responsible to the Chief Justice for the administration of the High Court.

(3) The Principal Judge, in consultation with the Chief Registrar, may create divisions of the High Court as the Principal Judge may consider necessary-

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(a) consisting of such numbers of Judges as may be assigned by the Principal Judge;

(b) sitting at such places in Uganda as the Principal Judge may, in consultation with the Attorney General, by statutory order, prescribe; and

(c) each place in Uganda where the High Court sits shall be called a division or a circuit.

(4) The Head of a High Court division or circuit shall be responsible to the Principal Judge for the administration of that division or circuit.

(5) Despite the generality of subsection (4), a Judge shall, in particular

(a) supervise the courts within the judicial region in which the High Court is situate or sitting; and

(b) present the necessary status reports to the Principal Judge as required by the Principal Judge on set performance benchmarks.

(6) The Principal Judge shall liaise with the Chief Registrar to ensure the proper functioning of the High Court

Legal researchers

9. (1) Every Judge shall have a legal researcher who shall have the minimum

qualification of a law degree and have attended a practical legal training course with at least two years post qualification experience.

9(2) The expenses and costs of a legal researcher shall be paid out of the Judicial Fund.

9(3) A legal researcher shall, prior to taking up office, subscribe to the oath of allegiance and oath of secrecy as prescribed by regulations made under this Act.

Functions and powers of the Chief Registrar

10. (1) There shall be a Chief Registrar who shall be appointed pursuant to Article

145 of the Constitution . The Chief Registrar shall perform the following functions :-

(a) be responsible for carrying out the policy decisions of the Judiciary and the overall administration and management of the Judiciary;

(b) perform judicial functions vested in the office of the Chief Registrar by law;

(c) exercise powers vested in the office of the Chief Registrar by virtue of any law or regulation and give effect to the directions of the Chief Justice;

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(d) be the accounting officer in respect of which monies have been appropriated by Parliament and for which withdrawals are made from the consolidated account;

(e) be the authorized officer for the Judiciary, who shall be responsible for the efficient management of the day-to-day operations and administration of human resources in the judicial service;

(f) be in charge of support services in the Judiciary and in particular planning, and development, and the organization of judiciary staff;

(g) monitor and enhance administration and office procedures to maximize on efficiency and the quality of service;

(h) plan, prepare, implement and monitor the budget and collect, receive and account for revenue;

(i) prepare reports and proposals on administrative issues;

(j) provide a link between the Judiciary and the Commission on appointments, promotion and disciplinary matters regarding registrars and assistant registrars

(k) maintain and develop co-operation with key staff in the public service and other institutions and agencies; and

(l) ensure the efficient functioning of a High Court Division in each region;

(m) perform such other duties as may be assigned by the Chief Justice from time to time.

(2) The Chief Registrar shall have all the powers necessary for the execution of the functions of the office under the Constitution and this Act.

Qualification for appointment as Chief Registrar

11. A person shall not be qualified for appointment as the Chief Registrar unless

such person

(a) Since qualification as a Lawyer he/she-

(i) become eligible for appointment as a Judge of the High Court; or

(ii) served for at least ten years as a professional Judicial officer; or

(iii) attained at least ten years experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or

(iv) held the qualifications specified in paragraphs (i) to (iii) for a period amounting, in the aggregate, to ten years; and

(b) has demonstrated competence in the performance of administrative duties for not less than three years.

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Registrars.

12. (1) There shall be appointed a Deputy Chief Registrar and such other Deputy Registrars and Assistant Registrars as may be necessary for the discharge of judicial service and administration.

(2) Registrars shall exercise Jurisdiction as authorized by any written law.

(3) All Registrars appointed under this Act shall be responsible to the Chief Registrar in the performance of their duties.

(4) Registrars shall be responsible for the following Court Registries:

(a) Supreme Court

(b) Court of Appeal/Constitutional Court

(c) High Court

(d) Any other registries established by the Chief Justice.

(5) Registrars may be called upon by virtue of earlier judicial appointments, to exercise such jurisdiction as may be determined by the Chief Justice in consultation with the Council.

Temporary vacancy in the office of the Chief Registrar.

13. Where the office of the Chief Registrar temporarily falls vacant or if, for any

reason, the Chief Registrar is unable to exercise the functions of the office, the Deputy Chief Registrar, and in his or her absence, any officer who for the time being is qualified to perform the duties of Chief Registrar under section 9, shall have and may exercise all the functions, duties and powers of the Chief Registrar, subject to such conditions, exceptions or qualifications as the Chief Justice may, in writing, direct.

Suspension or removal of the Chief Registrar.

14. (1) The Chief Registrar may be suspended or removed from office by the

Commission for-

(a) inability to perform the functions of the office, whether arising from infirmity of body or mind;

(b) misbehaviour;

(c) incompetence;

(d) violation of the prescribed code of conduct for judicial officers;

(e) insolvency ;

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(f) any other sufficient cause.

(2) Before the Chief Registrar is removed under subsection (1), the Chief Registrar shall be informed of the case against him or her in writing and shall be given reasonable time to defend himself or herself against any of the grounds cited for the intended removal.

PART IIITHE JUDICIARY ADMINISTRATION COUNCIL

15. Establishment of the Council.

(1) There shall be a Council called the Judicial Administration Council.

(2) The Council shall be composed of

(a) the Chief Justice who shall be the Chairperson;

(b) the Deputy Chief Justice, who shall be the Deputy Chairperson;

(c) the Principal Judge of the High Court;

(d) the Chief Registrar of the Courts of Judicature;

(e) a representative of Magistrates selected by the Magistrates;

(f) the Minister responsible for Justice or his or her representative

appointed in writing;

(g) the Chairperson of the Judicial Service Commission;

(h) the Minister responsible for Finance or his or her representative

appointed in writing;

(i) the President Uganda Law Society or his or her representative

appointed in writing;

(j) a member of the public, who shall not be a lawyer, appointed by the

Chief Justice on nomination by the Council, and with the approval of

Parliament.

(3) The Chief Registrar shall be the secretary to the Council and shall be

responsible for the records of the Council and the provision of administrative

support to the Council.

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16. Tenure of office.

A member of the Council shall hold office for the duration in which he or she

is in the designated office and in the case of a member of the public, for three

years. The term of appointment of a member of the public may be renewed

only once for a further period of three years.

17. Functions of the Council.

(1) It shall be the duty of the Council to ensure a co-ordinated, efficient, effective

and consultative approach in the administration of justice and reform of the

justice system as and when necessary.

(2) To achieve the objectives set out under subsection (1), the Council shall have

the following functions-

a) Formulate policies relating to the administration of Justice and the Judiciary

b) Implement, monitor, evaluate and review strategies for the administration of

justice

c) Determine the allowances payable and privileges available to the Judiciary

d) Mobilise resources for purposes of the efficient administration of the Judiciary

and justice.

e) to advise the Chief Justice in the formulation, implementation and execution

or enforcement of the policies pertaining to his functions under clause (1) of

article 133 of the Constitution. .

f) recommendations for promotion, awards and discipline to the Commission;

g) Review and implement the reports of the Court Users Committee

h) to do such other things as may be necessary for the well-being of the

members and staff of the Judiciary.

(3) The Council shall

(a) liaise with key stakeholders in carrying out its mandate;

(b) oversee the operations of any other body engaged in administration

of justice.

(4) The Council shall have all the necessary powers for the execution of its

functions under this Act

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Meetings of the Council.

18. (1) The Council shall meet at least once every two months but may

meet as many times as the need requires or as the Chief Justice

considers desirable .

(2) The quorum for meetings of the council shall be five including the

Chairperson or, in his or her absence the Deputy Chief Justices or

other member specifically designated by the Chief Justice to the

Chair the meeting.

(3) The Council shall appoint such other committees as they deem

necessary to support the discharge of their functions.

Subject to the provision of this Part, the Council may regulate its own procedure.

Reports of the Council.

19. The Council shall prepare and submit annual reports on its activities to the

Parliament of Uganda.

Decisions of the Council.

20. (1) Every decision of the Council shall, as far as possible, be by consensus.

(2) Where on any matter consensus cannot be reached, the matter shall be

decided by voting; and the matter shall be taken to have been decided if

supported by the votes of the majority of members present and voting.

(3) In any vote under subsection (2), each member of the Council shall have one

vote, and none shall have a casting vote. Where there is a deadlock after

voting, the process shall be repeated until a majority is reached and if after

three attempts no majority is reached, the matter shall be deferred for

consideration at the next Council meeting, or to an extraordinary Council

meeting that may be called by the Chairperson thereafter.

(4) The quorum of the Council at any meeting shall a quarter of the membership

stipulated herein.

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(5) The Council may meet notwithstanding the absence of any member or any

vacancy in the office of a member.

Conflict of interest.

21. (1) If any member is present at a meeting of the Council at which any matter is

the subject of consideration and in which matter that person or that persons

associates or family members are directly or indirectly interested in a private

capacity, that person shall as soon as is practicable after the commencement

of the meeting, declare such interest and shall not, unless the Council

otherwise directs, take part in any consideration or discussion of, or vote on

any question touching the matter.

(2) A declaration of interest made under subsection (1) shall be recorded in the

minutes of the meeting at which it is made.

PART IVFINANCIAL PROVISIONS

Finances of the Judiciary

22.(1) In their dealings with the Judiciary, all organs and agencies of the State shall

recognise, adhere to and respect the following fundamental principles of the

Judiciarys financial autonomy and independence established in clause (3),

(5), (6) and (7) of Article 128 of the Constitution, namely:

(a) All organs and agencies of the State shall accord the courts such

assistance as may be required to ensure the effectiveness of the

courts;

(b) The administrative expenses of the Judiciary including all salaries,

allowances, gratuities and pensions payable to or in respect of

persons serving in the Judiciary shall be charged on the Consolidated

Fund;

(c) The Judiciary shall be self accounting and may deal directly with the

Ministry responsible for finance in relation to its finances;

(d) The salary, allowances, privileges and retirement benefits and other

conditions of service of a judicial officer or another person exercising

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judicial power, shall not be varied to his or her disadvantage while

there is a substantial holder of that office.

Expenses of the Judiciary.

23.(1) The administrative and operational expenses of the Judiciary , including all

salaries, allowances, gratuities and pensions payable to or in respect of a

person serving in the Judiciary, shall be charged on the Consolidated Fund.

(2) Without prejudice to subsection (1), there may be made to the Judiciary

grants, gifts, donations or bequests towards the achievement of the objects of

the Judiciary.

(3) The Judiciary shall not accept any grant, gift, donation or bequest made on

any condition that the Judiciary performs any function or discharges any duty

or obligation other than duties under the Act.

(4) All gifts, grants, donations and bequests shall be published in the Gazette

within 30 days of being made.

Sources of the Judiciary Fund

24. (1) These shall be paid into the Judiciary Fund;

(a) such monies as may be appropriated out of the Consolidated Fund pursuant

to this Act;

(b) any grants, gifts, donations or bequests; and

(c) such monies as may be allocated for that purpose from investments, fees or

levies administered by the Judiciary.

(2) There shall be paid out of the Fund payments in respect of any administrative

expenses incurred by the Judiciary in pursuance of the provisions of this Act

and other related law.

(3) The receipts, earnings or accruals of the Fund and balance of the Fund at the

close of each financial year, shall be paid into the Consolidated Fund.

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(4) Subject to this section and any other law on the regulation of the Fund for the

time being in force, the Chief Justice shall, by regulations, provide for the

management and administration of the Fund and for anything incidental to or

connected therewith.

(5) For the avoidance of doubt, laws and regulations relating to public financial

management shall apply to the operations of the Fund.

Bank accounts

25. The Judiciary shall open and maintain such bank accounts as are necessary

for the exercise of the functions of the Judiciary, and shall pay into them:-

(a) All moneys received from the Government for the purposes of this Act;

(b) All moneys appropriated by law for the carrying out of the

constitutional mandate of the Judiciary;

(c) All the moneys received by the Judiciary in the exercise of its

functions; and

(d) All other moneys lawfully received for the Judiciary from any other

sources.

Financial year estimates.

26.(1) At least three months before the commencement of each financial year, the

Chief Justice shall cause to be prepared, estimates of all the expenditure

required for the purposes of this Act for that year, and shall present such

estimates to the President, in conformity with clause (2) of article 155 of the

Constitution.

(2) The President shall cause the estimates prepared under subsection (1) of this

section to be laid before Parliament without revision, but with any

recommendation that the Government may have on them.

(3) Upon the approval of the estimates by the Parliament, the Minister

responsible for finance shall, in respect of each financial year, release directly

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to the Judiciary Fund such moneys as it may require after the enactment of

the Appropriations Act for that financial year.

(4) Without derogating from the generality of subsection (3) of this section, all

salaries and allowances payable to or in respect of the Judiciary shall be

released directly to the Judiciary by the Ministry responsible for finance.

Financial year of the Judiciary

27. The financial year of the Judiciary shall be the same as provided for by the

Finance and Accountability Act

PART V ANNUAL REPORT AND AUDITED ACCOUNTS OF THE JUDICIARY

Annual Report

28. (1)The Judiciary shall cause an annual report to be prepared for each financial

year.

(2) The annual report shall contain, in respect to the year to which it relates-

(a) the financial statements of the Judiciary and

(b) a description of the activities of the Judiciary

(3) Without limiting what may be included in the annual report, the annual report

shall contain-

(a) the information set out in the reports of the departments to which the

annual report relates;

(b) information relating to disposal of cases;

(c) information relating to issues of access to justice;

(e) information relating to performance of the judiciary and attendant

challenges; and

(f) such other statistical information as the judiciary considers appropriate

relating to their functions and judicial activities.

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(4) The Judiciary shall cause the annual report to be published in the Gazette

and shall send a copy of the report to Clerk of Parliament for it to be placed

before the House for debate.

Accounts and audit.

29. (1) The Chief Justice shall ensure that proper books and records of accounts of

the Judiciary are kept and maintained.

(2) Within three months after the end of each financial year, the Chief Registrar

shall submit to the Auditor General the accounts of the Judiciary for the year.

(3) The accounts of the Judiciary shall be audited annually and shall form part of

its annual report.

(4) The accounts of the Judiciary shall be audited and reported on in accordance

with the provisions of the National Audit Act, 2008.

PART VI MISCELLANEOUS PROVISIONS

Oath of office

30. (1) The Chairperson and members of the Council shall, on first appointment and

prior to conducting any other business, take the oath or make affirmation in

the form prescribed by the regulations to be made under this Act.

(2) The Chief Justice and other judicial officers and staff of the Judiciary, shall, on

first appointment and prior to conducting any other business, take the oath or

make the affirmation in the prescribed form.

Confidentiality

31. (1) A member of the Judiciary staff shall not without the consent in writing given

by, or on behalf of the Council, publish or disclose to any person otherwise

than in the course of his or her duties the contents of any document,

communication, or information which relates to, and which has come to his or

her knowledge in the course of his or her duties under this Act.

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(2) The limitation on disclosure referred to under subsection (1) shall not be

construed to prevent to disclosure of criminal activity by a member or staff of

the Judiciary.

Protection from personal liability

32. (1) Judicial officers or a member of the Judiciary staff shall not be liable to any

civil action or suit for or in respect of any matter or thing done or omitted to be

done in good faith as a judicial officer or a member of the Judiciary staff.

(2) A Judicial Officer shall not be liable to arrest under civil process while

participating in any functions of the Judiciary or any department thereof.

(3) A person who appears before the Council shall not, whether such appearance

is on pursuance of any summons by the Council under this Act or not, be

liable to any criminal or civil proceedings, or to any penalty or forfeiture

whatsoever in respect to any evidence or information given to the Council by

such person.

Offences and penalties

33. (1) any person who-

(a) in connection with an application by the person or by any other person

for employment, appointment or promotion by the Council, or in

connection with any matter on which it is the duty of the Council to

inquire, wilfully gives to the Council or to any member of the Council

any information which is false or misleading in any material particular;

or

(b) without the consent, in writing, of the Chairperson, publishes or

discloses to any authorised person or otherwise than in the course of

duty, the contents or any part of the contents of any document,

communication or information which has come to their knowledge in

the course of their duties under this Act, and any person who

knowingly acts in contravention of this section; or

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(c) otherwise than in the course of duty, directly or indirectly by

themselves or by any other person in any manner influences or

attempts to influence any decision of the Council or of any member

thereof; or

(d) disobeys any order made by the Council or a committee for

attendance or for production of papers, books, documents or records;

or

(e) withholds any information from the Council in such a manner or for the

purpose of frustrating or interfering with the functioning of the Council

Commits an offence and is liable on conviction to a fine not exceeding

., or to imprisonment for a term not exceeding three years, or

both.

(2) Notwithstanding the provisions of subsection (1) (c) of this section, nothing

shall prohibit any person from supplying any information or assistance upon

formal request made by the Council.

Regulations.

34. (1) The Chief Justice may make regulations for the better carrying out of

the purposes of this Act.

(2) Without prejudice to the generality of subsection (1), such regulations

may provide for

(a) the administration and management of the services and facilities of

the a Council for the discharge of judicial functions;

(b) preliminary procedures for making any recommendations required to

be made under the Constitution;

(c) the financial procedures of the Judiciary;

(d) orientation and training for judicial officers and staff;

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(e) the management of issues of conflict to interest;

(f) performance appraisal system of the judicial officers and staff;

(g) the security of judicial officers and staff; and

(h) mainstreaming of gender and regional equity in the judiciary

(3) Regulations made under this section shall be presented to the Parliament for

debate and approval before they take effect

Transition and savings

35. (1) Transfer of assets and liabilities.

All property and assets vested in the Judiciary before commencement of this

Act shall, on the commencement of this Act, remain vested in the Judiciary

subject to all interests, liabilities, obligations and trusts affecting the property.

(2) Application of the pensions act and salaries allowances (specified officers)

The Pensions Act and Salaries Allowances (Specified Officers) Act shall

continue to apply to Judges and other judicial officers as the case may be

until the Judicial Service Commission in consultation with the Chief Justice

determines their terms and conditions of service.

Employees of the Judiciary

36. (1) On the Commencement of this Act-

(a) All staff of the Judiciary appointed by the Judicial Service Commission shall

continue to be employed in the Judiciary with the exception of staff employed

by the Public Service Commission who will be required to undergo interviews

and only successful applicants will be given the option to join the Judicial

Service ;

(b) Any officer who does not exercise the option to join the Judicial Service

Commission or fails the interviews for admission into the Judicial Service

Commission shall be transferred back to the Public Service Commission.

Drafted by CEPIL

(c) The terms and conditions ,including the salary ,on which a person referred to

in subsection (1) was employed immediately before the commencement of

this Act ,shall be no less favourable than those enjoyed by that persons office

immediately before the commencement of this Act ; and

(d) There is no break or interruption in the employment of such persons because

of the enactment of this Act.

(2) Subject to subsection (1)(b), the terms and conditions of any employment

referred to in subsection(1)may be varied after the commencement of this

Act.

(3) A person who, immediately before the commencement of this Act, was

employed on permanent and pensionable establishment in connection with

the operation or administration of any court or courts shall be deemed, on the

commencement of this Act, to be a member of Judiciary staff unless.

a) The person so employed , by notice in writing to the commission ,states his

intention not to be a member of such staff within six months after the

commencement of this Act or;

b) The commission, by notice in writing to the person so employed, determines

that he or she shall not be a member of such staff

(4) A person who gives notice or is given notice under subsection (3) (Or) at the

expiry of six months after the commencement of this Act, has not been

appointed as a member of Judiciary staff shall be redeployed in the civil

service or may, in the public interest, be retired there from, with entitlement to

be paid all his or her terminal benefits.

(5) Nothing in this section-

a) Affects any power of the commission under any law to create, or to employ

any person, in a temporary position; or

b) Precludes the making of arrangements from the secondment of any officer to

any position.