Ideal Amendments that should be included in the Magistrates Courts Amendment Bill 2026 of Uganda
Magistrates Courts Amendment Bill 2026 Uganda
Recently the Cabinet of Uganda blessed the amendment of the Magistrates Court Act to increase the jurisdiction of Magistrates Courts to reflect the realities of property values and reduce the burden on the High Court. The government wants to increase the jurisdiction of Chief Magistrates to UGX 300,000,000 and that of the Magistrates Grade One to UGX 100,000,000. However the government has been silent about the welfare of the Magistrates that will hear the disputes in the Magistrates Courts and other weaknesses in the current legal framework that leave the High Court struggling with High case load yet the Magistrates are not busy. The text of the proposed amendments has not been made public. We look at proposed amendments that parliament should consider to reform the Magistrates Courts.
- Increasing the number of Chief Magistrates
Currently there are 100 Chief Magistrates for 146 districts which means that not all districts in Uganda have Chief Magistrates. Given the number of cities and urban centres with High populations a minimum of 400 Chief Magistrates are required to serve the population and reduce the workload of the High Court. Parliament needs to increase the number of Chief Magistrates to 500 Chief Magistrates and reduce the number of Grade One Magistrates given the jurisdiction and likely workload of each. There is a proposal to abolish Magistrates Grade Ones but we suggest that they be maintained with low numbers to act as training courts for eventual Chief Magistrates.
- Recognizing good service and qualification to become judges attained by Grade One Magistrates
If the number of Chief Magistrates is increased there are sufficiently qualified and experienced Magistrates Grade One that can be elevated to Chief Magistrates. Instead of wasting time and resources interviewing candidates for these positions let us promote the Magistrate Grade Ones. After ten years of post enrollment experience a lawyer qualifies to be a judge of the High Court. After years of adjudicating disputes Magistrate Grade Ones should become Chief Magistrates in recognition of their service and experience. It reduces on the workload of the Judicial Service Commission that processes promotions and removes corruption and oppression in promotions that are prevalent in the Judiciary because the promotion is as of right upon attaining certain qualifications. A requirement that a Grade One Magistrate that has served the Judiciary for at least five years and has attained at least ten years of post enrollment experience shall become a Chief Magistrate is reasonable and very welcome.
- Improving the welfare of Magistrates
The government is quiet about the terms of service of the Magistrates who will handle the increased jurisdiction and workload. A judicial Officer who has been hearing disputes of less than twenty million shillings will suddenly hear cases or disputes involving at least one hundred Million shillings. Chief Magistrates who have been hearing disputes involving fifty million shillings will hear disputes involving three hundred million shillings. There is need to account for the increased responsibilities and workload by providing incentives to reduce corruption and compensate judicial officers for the increased workload. A fifty percent increase for Grade One Magistrates and an increment of a third for Chief Magistrates should be considered.
- Repealing the requirement to confirm sentences of Grade One Magistrates.
The current requirement to confirm sentences exceeding two years given out by Magistrate Grade One doesn’t serve its purpose because Magistrate Grade Ones intentionally impose sentences below two years to avoid having to submit the files for confirmation of sentence. Even where the files are submitted to the High Court, due to high workload and inefficiencies by the time the High Court acts the convicts have already served their sentence. Where a person is aggrieved by a sentence they should apply for revision by the High Court instead of an automatic review of the sentence that applies whether the convict is aggrieved or not. The requirement undermines confidence in Magistrate Grade Ones and ignores the reality that done of them are as or more qualified than the very High Court judges that are required to review and confirm their sentences.
- Inserting a section to allow High Courts to hear cases together with Chief Magistrates
The law should include a provision allowing Chief Magistrates and sufficiently experienced Magistrates Grade One to hear disputes within the jurisdiction of the High Court under the supervision of the High Court judge. The decision of the lower court exercising jurisdiction vested in the High Court should be signed by both the Magistrate and the judge supervising him. This provision will allow the courts to utilize the lower courts to manage high caseloads and backlog in the High Court. Even when financial realities reduce the cases within the jurisdiction of the lower courts this provision will fill the gap by allowing lower courts to continue hearing disputes exceeding their jurisdiction.
- Punishing lazy Chief Magistrates
With improved pay and other incentives every Chief Magistrate should be able to dispose of at least 400 disputes per year. The law should include a provision allowing the JSC to demote Chief Magistrates for at least One year where they fail to meet the disposal target for two consecutive years. Repeat and perennial under performers should be demoted for as many as three years. With improved pay and incentives Chief Magistrates should be able to adjudicate and dispose of at least 200,000 disputes per year.
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- Ideal Amendments that should be included in the Magistrates Courts Amendment Bill 2026 of Uganda
- President Yoweri Kaguta Tibihaburwa Museveni is a minority President voted by only 7,946,772 (36.7%) out of 21,649,608 eligible Ugandan voters in the 2026 Presidential Elections
- Four years of IGG Beti Kamya drowned the Inspectorate of Government (IG) deeper into oblivion and irrelevancy but it Can be redeemed
- The Proposal to Make Magistrates Grade Ones Chief Magistrates is an efficient use of resources that will improve service delivery in Uganda
- If Magistrates Courts in Uganda are less competent and more prone to corruption does it mean that the poor deserve inferior justice to the rich.