Article 137-145 Uganda Constitution 1995

Article 137-145 Uganda Constitution 1995

Article 137, 138, 139, 140, 141, 142, 143, 144 and 145 of the Uganda Constitution 1995, with others, are under Chapter 8 of the Constitution. Chapter 8 is titled ‘The Judiciary‘.

Article 137 Uganda Constitution 1995

Questions as to the interpretation of the Constitution

(1) Any question as to the interpretation of this Constitution shall be determined by the Court of Appeal sitting as the constitutional court.
(2) When sitting as a constitutional court, the Court of Appeal shall consist of a bench of five members of that court.
(3) A person who alleges that—
(a) an Act of Parliament or any other law or anything in or done under the authority of any law; or
(b) any act or omission by any person or authority, is inconsistent with or in contravention of a provision of this Constitution, may petition the constitutional court for a declaration to that effect, and for redress where appropriate.

(4) Where upon determination of the petition under clause (3) of this article the constitutional court considers that there is need for redress in addition to the declaration sought, the constitutional court may—
(a) grant an order of redress; or
(b) refer the matter to the High Court to investigate and determine the appropriate redress.
(5) Where any question as to the interpretation of this Constitution arises in any proceedings in a court of law other than a field court martial, the court—
(a) may, if it is of the opinion that the question involves a substantial question of law; and
(b) shall, if any party to the proceedings requests it to do so, refer the question to the constitutional court for decision in accordance with clause (1) of this article.

(6) Where any question is referred to the constitutional court under clause (5) of this article, the constitutional court shall give its decision on the question, and the court in which the question arises shall dispose of the case in accordance with that decision.
(7) Upon a petition being made or a question being referred under this article, the Court of Appeal shall proceed to hear and determine the petition as soon as possible and may, for that purpose, suspend any other matter pending before it.

Article 138 Uganda Constitution 1995

High Court of Uganda

(1) The High Court of Uganda shall consist of—
(a) the Principal Judge; and
(b) such number of judges of the High Court as may be prescribed by Parliament.
(2) The High Court shall sit in such places as the Chief Justice may, in consultation with the Principal Judge, appoint; and in so doing, the Chief Justice shall, as far as practicable, ensure that the High Court is accessible to all the people.

Article 139 Uganda Constitution 1995

Jurisdiction of the High Court

(1) The High Court shall, subject to the provisions of this Constitution, have unlimited original jurisdiction in all matters and such appellate and other jurisdiction as may be conferred on it by this Constitution or other law.

(2) Subject to the provisions of this Constitution and any other law, the decisions of any court lower than the High Court shall be appealable to the High Court.

Article 140 Uganda Constitution 1995

Hearing of election cases

(1) Where any question is before the High Court for determination under article 86(1) of this Constitution, the High Court shall proceed to hear and determine the question expeditiously and may, for that purpose, suspend any other matter pending before it.

(2) This article shall apply in a similar manner to the Court of Appeal and the Supreme Court when hearing and determining appeals on questions referred to in clause (1) of this article.

Article 141 Uganda Constitution 1995

Administrative functions of the Principal Judge

(1) Subject to the provisions of article 133 of this Constitution, the Principal Judge shall—
(a) be the head of the High Court, and shall, in that capacity, assist the Chief Justice in the administration of the High Court and subordinate courts; and
(b) perform such other functions as may be delegated or assigned to him or her by the Chief Justice.

(2) Where—
(a) the office of Principal Judge is vacant; or
(b) the Principal Judge 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 Principal Judge has resumed those functions, those functions shall be performed by a judge of the High Court designated by the President after consultation with the Chief Justice.

Article 142 Uganda Constitution 1995

Appointment of judicial officers

(1) The Chief Justice, the Deputy Chief Justice, the Principal Judge, a justice of the Supreme Court, a justice of Appeal and a judge of the High Court shall be appointed by the President acting on the advice of the Judicial Service Commission and with the approval of Parliament.

(2) Where—
(a) the office of a justice of the Supreme Court or a justice of Appeal or a judge of the High Court is vacant;
(b) a justice of the Supreme Court or a justice of Appeal or a judge of the High Court is for any reason unable to perform the functions of his or her office; or
(c) the Chief Justice advises the Judicial Service Commission that the state of business in the Supreme Court, Court of Appeal or the High Court so requires, the President may, acting on the advice of the Judicial Service Commission, appoint a person qualified for appointment as a justice of the Supreme Court or a Justice of Appeal or a judge of the High Court to act as such a justice or judge even though that person has attained the age prescribed for retirement in respect of that office.

(3) A person appointed under clause (2) of this article to act as a justice of the Supreme Court, a justice of Appeal or a judge of the High Court shall continue to act for the period of the appointment or, if no period is specified, until the appointment is revoked by the President acting on the advice of the Judicial Service Commission, whichever is the earlier.

Article 143 Uganda Constitution 1995

Qualifications for appointment of judicial officers

(1) A person shall be qualified for appointment as—
(a) Chief Justice, if he or she has served as a justice of the Supreme Court of Uganda or of a court having similar jurisdiction or has practised as an advocate for a period not less than twenty years before a court having unlimited jurisdiction in civil and criminal matters;
(b) Deputy Chief Justice or Principal Judge, if he or she has served as a justice of the Supreme Court or as a justice of Appeal or as a judge of the High Court or a court of similar jurisdiction to such a court or has practised as an advocate for a period not less than fifteen years before a court having unlimited jurisdiction in civil and criminal matters;
(c) a justice of the Supreme Court if he or she has served as a justice of Appeal or a judge of the High Court or a court of similar jurisdiction to such a court or has practised as an advocate for a period not less than fifteen years before a court having unlimited jurisdiction in civil and criminal matters;
(d) a justice of Appeal, if he or she has served as a judge of the High Court or a court having similar or higher jurisdiction or has practised as an advocate for a period not less than ten years before a court having unlimited jurisdiction in civil and criminal matters or is a distinguished jurist and an advocate of not less than ten
years’ standing;
(e) a judge of the High Court, if he or she is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court or has practised as an advocate for a period not less than ten years before a court having unlimited jurisdiction in civil and criminal
matters.

(2) Any period during which a person has practised as a public officer holding an office for which qualification as an advocate is required shall be counted in the calculation of any period of practice required under clause (1) of this article even though that person does not have a practising certificate.

Article 144 Uganda Constitution 1995

Tenure of office of judicial officers

(1) A judicial officer may retire at any time after attaining the age of sixty years, and shall vacate his or her office—
(a) in the case of the Chief Justice, the Deputy Chief Justice, a justice of the Supreme Court and a justice of Appeal, on attaining the age of seventy years; and
(b) in the case of the Principal Judge and a judge of the High Court, on attaining the age of sixty-five years; or
(c) in each case, subject to article 128(7) this Constitution, on attaining such other age as may be prescribed by Parliament by law; but a judicial officer may continue in office after attaining the age at which he or she is required by this clause to vacate office, for a period not exceeding three months necessary to enable him or her to complete any work pending before him or her.

(2) A judicial officer may be removed from office only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence, but only in accordance with the provisions of this article.

(3) The President shall remove a judicial officer if the question of his or her removal has been referred to a tribunal appointed under clause (4) of this article and the tribunal has recommended to the President that he or she ought to be removed from office on any ground described in clause (2) of this article.

(4) The question whether the removal of a judicial officer should be investigated shall be referred to the President by either the Judicial Service Commission or the Cabinet with advice that the President should appoint a tribunal; and the President shall then appoint a tribunal consisting of—
(a) in the case of the Chief Justice, the Deputy Chief Justice or the Principal Judge, five persons who are or have been justices of the Supreme Court or are or have been judges of a court having similar jurisdiction or who are advocates of at least twenty years’ standing;
(b) in the case of a justice of the Supreme Court or a justice of Appeal, three persons who are or have been justices of the Supreme Court or who are or have been judges of a court of similar jurisdiction or who are advocates of at least fifteen years’
standing; or
(c) in the case of a judge of the High Court, three persons who are or have held office as judges of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from such a court or who are advocates of at least ten years’ standing.

(5) If the question of removing a judicial officer is referred to a tribunal under this article, the President shall suspend the judicial officer from performing the functions of his or her office.

(6) A suspension under clause (5) of this article shall cease to have effect if the tribunal advises the President that the judicial officer suspended should not be removed.

(7) For the purposes of this article, “judicial officer” means the Chief Justice, the Deputy Chief Justice, the Principal Judge, a justice of the Supreme Court, a justice of Appeal or a judge of the High Court.

Article 145 Uganda Constitution 1995

Registrars

(1) There shall be in the judiciary the office of Chief Registrar and such number of registrars as Parliament may by law prescribe.

(2) The Chief Registrar and a registrar shall be appointed by the President on the advice of the Judicial Service Commission.