Date of assent:
Date of promulgation:
Date of commencement:
Issuing Authority:
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THE CONSTITUTION OF THE REPUBLIC OF UGANDA. |
Statutory Instrument—Constitution 7. The Constitution (Judicial Service Commission) Regulations. Arrangement of Regulations. Regulation Part I—Preliminary.
Part II—General.
Part III—Appointments, confirmation of appointments, etc.
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Part IV—Discipline. |
Part V—Miscellaneous.
Schedules First Schedule Oath of member of commission. Second ScheduleOath of secretary/staff of commission. |
Third Schedule |
Affirmations. |
THE CONSTITUTION OF THE REPUBLIC OF UGANDA. |
Statutory Instrument—Constitution 7. The Constitution (Judicial Service Commission) Regulations.1 (Under article 251 of the Constitution.) Part I—Preliminary.
These Regulations may be cited as the Constitution (Judicial Service Commission) Regulations.
In these Regulations, unless the context otherwise requires—
Part II—General.
Every meeting of the commission shall be presided over by the chairperson |
'These Regulations were made under the Constitution of 1967, article 112. Article 251 is the equivalent provision in the Constitution of 1995. The Judicial Service Act, 1964 Revision, Cap. 276, authorised the making of regulations relating to the commission in section 12. The Judicial Service Act, Act 2/1997, which repealed Cap. 276, authorises the making of regulations in section 28. See Cap. 14, section 27, in the 2000 Revision. |
or in his or her absence by the Principal Judge.
A record shall be kept of the members present and of the business transacted at every meeting of the commission.
Any member shall be entitled to dissent from a decision of the commission and to have his or her dissent and his or her reasons for the dissent set out in the records of the commission.
The commission may require any person to attend and give evidence before it concerning any matter which it may properly consider in the exercise of its functions and may require the production of any documents relating to any such matter by any person attending before it.
Any person attending before the commission at the request of the commission, other than a person who is applying for appointment to the judicial service or a person in the judicial service, shall be entitled to be paid by the commission the same allowance as a witness who appears before the High Court as a witness in criminal proceedings. |
Any person, other than a person who is notified to appear before the commission solely in connection with his or her application for appointment to the judicial service, who—
commits an offence and is liable on conviction to a fine not exceeding two thousand shillings.
In the performance of its functions in connection with the appointment of a judicial officer, the commission may—
The commission shall not exercise its powers in connection with disciplinary punishment, dismissal or other termination of appointment of any judicial officer except in accordance with these Regulations. |
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Part III—Appointments, confirmation of appointments, etc.
The commission shall determine—
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vacancy to the secretary—
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Where a vacancy is to be filled—
the commission may make such arrangements as it considers appropriate.
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officer has passed such examinations as may be required as a condition for confirmation in his or her appointment, the chief registrar shall, as soon as may be before the expiration of the period of probation, forward to the secretary his or her recommendation that the officer should be so confirmed.
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(8) Where a judicial officer holds a probationary appointment and the chief registrar at any time during the period of that probationary appointment is of the opinion that the appointment should be terminated immediately, the procedure prescribed in sub regulations (5), (6) and (7) of this regulation shall be followed.
If a judicial officer is serving on contract for a specified period, the chief registrar shall forward to the secretary four months before the officer is due to proceed on leave pending the determination of the contract, a notification of the date of the determination of the contract and his or her recommendation whether it should be renewed or not.
If the chief registrar is of the opinion that a judicial officer who holds a pensionable office should be called upon to retire from the judicial service on the grounds that he or she has attained the age at or after which he or she can under the law for the time being in force retire from the public service, he or she shall—
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she be compulsorily retired from the judicial service;
Part IV—Discipline.
A judicial officer commits an offence against discipline in the judicial service if he or she is guilty of—
(j) in any way contravening any provisions of the laws, regulations, Public Service Standing Orders or any other instructions relating to the discipline of judicial officers.
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Where a judicial officer has been convicted on a criminal charge, the chief registrar may, if he or she considers it to be in the public interest, suspend the officer from the performance of the functions of his or her office and may direct what proportion, if any, of the emoluments of any such officer shall be paid to him or her pending consideration of his or her case under these Regulations. |
A judicial officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge upon which he or she has been acquitted, but nothing in this regulation shall prevent his or her being dismissed or otherwise punished on any other charges arising out of his or her conduct in the matter.
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own behalf to the witnesses; and no documentary evidence shall be used against him or her unless he or she has previously been supplied with a copy of the evidence or given access to it.
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the proceedings so taken shall be discontinued and the procedure prescribed in regulation 28 or 34, as the case may be, shall be followed.
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(a) |
dismissal; |
(b) |
reduction in salary; |
(c) |
reduction in rank or seniority; |
(d) |
stoppage of increments; |
(e) |
deferment of increments; |
(f) |
severe reprimand; |
(g) |
reprimand; or |
(h) |
recovery of the cost or part of the cost of any loss or damage caused by default or negligence, whether by deduction from |
salary or gratuity or otherwise. |
that the work or conduct of the officer is unsatisfactory, it may recommend that the appointment of the officer be terminated immediately.
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commission to terminate any contract in accordance with a term or condition contained in the contract.
Part V—Miscellaneous.
Any officer who submits any matter for the consideration of the commission shall ensure that all relevant documents and papers are made available to the commission; and the commission may require the production of any further documents or information relevant to the matter under consideration. |
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All correspondence and documents for the commission shall be addressed to the secretary to the commission.
All documents submitted for consideration by the commission shall be forwarded in centuplicate unless otherwise directed by the secretary.
In any matter not covered by these Regulations, the commission shall determine the procedure to be adopted.
Where under these Regulations—
it shall be sufficient if the notice, charge or other document, or a letter containing the information, is sent to the officer by registered post at his or her last known address.
A prosecution in respect of any offence under these Regulations shall not be instituted except by or with the consent of the Director of Public Prosecutions. |
SCHEDULES |
First Schedule. reg. 13(1). Oath of member of commission. I,___________________ , having been appointed as a member of the Judicial Service Commission, swear that I will without fear or favour, affection or ill will, discharge the functions of the office of member of the Judicial Service Commission, and that I will not, directly or indirectly, reveal any matter relating to such functions to any unauthorised person or otherwise than in the course of duty. (So help me God.) Sworn before me, this______________ day of, 20 |
Chairperson, Judicial Service Commission/Judge of the High Court |
Second Schedule. reg. 13(2). Oath of secretary/staff of commission. I,____________________ , having been called upon to exercise the functions of secretary to/a member of the staff of/ the Judicial Service Commission, swear that I will not directly or indirectly reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. (So help me God.) Sworn before me this_______________ day of, 20 |
Chairperson, Judicial Service Commission/Judge of the High Court |
Third Schedule. |
reg. 13(3). Affirmations. Affirmation of member of commission. I, _______________________ , having been appointed as a member of the Judicial Service Commission, solemnly and sincerely declare that I will without fear or favour, affection or ill will, discharge the functions of the office of a member of the Judicial Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such function to any unauthorised person or otherwise than in the course of duty. Declared before me this_____________ day of____________________ , 20____________ |
Chairperson, Judicial Service Commission/Judge of the High Court |
reg. 13(3). Affirmation of secretary/staff of commission. I,________________________ , being called upon to exercise the functions of secretary to/a member of the staff of/ the Judicial Service Commission, solemnly and sincerely declare and affirm that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. Declared before me this_____________ day of____________________ , 20____________ |
Chairperson, Judicial Service Commission/Judge of the High Court |
History: S.I. 22/1989; S.I. 262/1994. |
Cross References |
Oaths Act, Cap. 19. Public Service Standing Orders. |