Article 146-151 Uganda Constitution 1995
Table of Contents
Article 146, 147, 148, 149, 150, and 151 of the Uganda Constitution 1995 are under ‘Judicial Service Commission’ of Chapter 8 of the Constitution. Chapter 8 is titled ‘The Judiciary‘.
Article 146 Uganda Constitution 1995
Judicial Service Commission
(1) There shall be a Judicial Service Commission.
(2) The Judicial Service Commission shall, subject to clause (3) of this article, consist of the following persons who shall be appointed by the President with the approval of Parliament—
(a) a chairperson and a deputy chairperson who shall be persons qualified to be appointed as justices of the Supreme Court, other than the Chief Justice, the Deputy Chief Justice and the Principal Judge;
(b) one person nominated by the Public Service Commission;
(c) two advocates of not less than fifteen years’ standing nominated by the Uganda Law Society;
(d) one judge of the Supreme Court nominated by the President in consultation with the judges of the Supreme Court, the justices of Appeal and judges of the High Court; and
(e) two members of the public, who shall not be lawyers, nominated by the President.
(3) The Attorney General shall be an ex officio member of the commission.
(4) The Chief Justice, the Deputy Chief Justice and Principal Judge shall not be appointed to be chairperson, deputy chairperson or a member of the Judicial Service Commission.
(5) A person is not qualified to be appointed a member of the Judicial Service Commission unless the person is of high moral character and proven integrity.
(6) The office of chairperson shall be full time, and a person shall not engage in private legal practice while holding that office.
(7) Subject to the provisions of this article, a member of the Judicial Service Commission shall vacate his or her office—
(a) at the expiration of four years from the date of his or her appointment but is eligible for reappointment for one more term;
(b) if he or she is elected or appointed to any office determined by Parliament to be likely to compromise the independence of the Judicial Service Commission; or
(c) on being removed by the President; but the President may only remove a member for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence.
(8) There shall be a secretary to the Judicial Service Commission who shall be appointed by the President on the advice of the Public Service Commission.
Article 147 Uganda Constitution 1995
Functions of the Judicial Service Commission
(1) The functions of the Judicial Service Commission are—
(a) to advise the President in the exercise of the President’s power to appoint persons to hold or act in any office specified in clause (3) of this article, which includes power to confirm appointments, to exercise disciplinary control over such persons and to remove them from office;
(b) subject to the provisions of this Constitution, to review and make recommendations on the terms and conditions of service of judges, other judicial officers and staff of the judiciary appointed in accordance with article 148 A of this Constitution;
(c) to prepare and implement programmes for the education of, and for the dissemination of information to judicial officers and the public about law and the administration of justice;
(d) to receive and process people’s recommendations and complaints concerning the judiciary and the administration of justice and, generally, to act as a link between the people and the judiciary;
(e) to advise the Government on improving the administration of justice; and
(f) any other function prescribed by this Constitution or by Parliament.
(2) In the performance of its functions, the Judicial Service Commission shall be independent and shall not be subject to the direction or control of any person or authority.
(3) The offices referred to in clause (1)(a) of this article are—
(a) the office of 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; and
(b) the office of the Chief Registrar and a registrar.
Article 148 Uganda Constitution 1995
Appointment of other judicial officers
Subject to the provisions of this Constitution, the Judicial Service Commission may appoint persons to hold or act in any judicial office other than the offices specified in article 147(3) of this Constitution and confirm appointments in and exercise disciplinary control over persons holding or acting in such offices and remove such persons from office.
Article 148A Uganda Constitution 1995
Appointment of staff of the judiciary
Notwithstanding article 172(1)(b), the Judicial Service Commission shall be responsible for the appointment, discipline and removal of such staff of the judiciary as may be prescribed by Parliament by law.
Article 149 Uganda Constitution 1995
Every judicial officer shall, before assuming the duties of his or her office, take and subscribe the oath of allegiance and the judicial oath specified in the Fourth Schedule to this Constitution.
Article 150 Uganda Constitution 1995
Power to make laws relating to the judiciary
(1) Subject to the provisions of this Constitution, Parliament may make laws providing for the structures, procedures and functions of the judiciary.
(2) Without prejudice to clause (1) of this article, Parliament may make laws for regulating and facilitating the discharge by the President and the Judicial Service Commission of their functions under this Chapter.
Article 151 Uganda Constitution 1995
In this Chapter, unless the context otherwise requires, “judicial officer” means—
(a) a judge or any person who presides over a court or tribunal howsoever described;
(b) the Chief Registrar or a registrar of a court;
(c) such other person holding any office connected with a court as may be prescribed by law.