Uganda Law Society Files Petition to Challenge Judicial Service Act and Regulations

The Uganda Law Society (ULS) has today filed a Constitutional Petition (No. 12 of 2025) challenging the constitutionality of the Judicial Service Act (Chapter 87 Revised Laws of Uganda, 2023) and the Judicial Service Regulations, 2025 (Statutory Instrument No. 4 of 2025). The ULS asserts that these legal frameworks fall short of universally acceptable standards for recruiting and disciplining a people-centred Judiciary.

The 123-page petition, spearheaded by the Judiciary Affairs Committee of the ULS, led by Senior Advocate Denis Kusaasira, highlights several key concerns:

Bribery and Misconduct: The Judicial Service Regulations allegedly regard bribery as a minor offence not warranting dismissal from the Judiciary. This comes despite a 2021 Inspectorate of Government “Cost of Corruption” report revealing rampant corruption in the Judiciary, with court users paying up to UGX 763 billion in bribes in 2019 alone, a staggering 43% of the total Justice, Law and Order Sector (JLOS) budget that year.

Lack of Lacks Nominees: ULS alleges that the 7th Judicial Service Commission (JSC) is unlawfully constituted, lacking ULS nominees. Discriminatory Appointment Procedures: Opaque and discriminatory appointment procedures are cited, requiring sample judicial decisions, which may disadvantage private legal practitioners seeking to join the Judiciary.

Questionable Delegation of Authority: The petition points to a search and recruitment committee operating with a quorum of just two members who can recommend a Chief Justice to the Appointing Authority. Inconsistent Disciplinary Standards: While lower bench judicial officers face termination for minor infractions, upper bench judicial officers remain insulated from similar accountability, revealing a double standard.

Bypassed Constitutional Checks: Recent high-level judicial appointments, such as the Chairperson of the 7th JSC and the Acting Principal Judge, are alleged to have bypassed key constitutional checks, raising red flags. Abrogation of Duty: The petition contends that the power of the JSC and the President under Chapter Eight of the Constitution has been abrogated by suspect statutory instruments, leaving a vacuum now filled by these instruments.

In their Petition, the ULS seeks that the Constitutional Court: Provide clear declarations regarding the lawful composition and functions of the JSC, Strike down the Judicial Service Regulations, 2025, and any actions flowing from them. Invalidate appointments and disciplinary decisions made under an unlawfully constituted JSC. Compel a return to a constitutionally compliant appointment and disciplinary process. Clarify the legal limits of JSC authority, particularly concerning Parliament and the President.

The ULS Vice President, Asiimwe Anthony, commented, “This Petition is not about personalities. This is a vital first step in delivering on our mandate to eradicate a destructive justice system and bring this nation BACK ON TRACK.”