The Effectiveness of the Bar in Enhancing Uganda's Judicial Accountability
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Date
2025-05-27
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Uganda Christian University
Abstract
Judicial accountability is a key element that is increasingly gaining prominence across many parts of the world. It is a principle that emphasizes that judicial officers are held responsible for their omissions or commissions in line with their judicial duties. The principle of judicial accountability is a critical factor in fostering the independence and the integrity of courts. However, as the study has noted, the principle of judicial accountability is quite a contentious one, especially as regards to protecting the independence of the judiciary. The study notes the critical role of the Bar Associations in promoting the accountability of courts in their jurisdictions. With regard to Uganda, it showcases the role the Uganda Law Society, which is the country’s national Bar Association, has played in advancing the element of judicial accountability in the country. It observes the Association’s role in the recruitment and the enforcement of discipline among judicial officers by virtue of its membership in the Judicial Service Commission, an avenue that allows it to hold judges to account for their actions and decisions. Additionally, the study also observes the critical role of the body in protecting and defending the judiciary against threats, attacks and unfair criticisms against judicial officers from the public and the Executive. These acts tend to erode public trust in the judiciary as well as erode and undermine the integrity of the courts. The study identifies challenges of limited participation of the public in the recruitment of the judges, the unclear processes in the selection of the public representatives to the JSC, the poor relationship between the judiciary and the Uganda Law Society, and the lack of respect for the independence and the decisions of court as some of the hindrances to the advancement of judicial accountability in Uganda. The study recommends the creation of avenues to provide room for public participation in the recruitment process of judicial officers, the development of guidelines for selection of a representative of the public’s representative to the JSC, including Opposition members of Parliament in the JSC, improved relations between the Bar and the Bench, and respect of court decisions and processes by the Executive and the public.