The CJ suspended the hearing of cases more than 40 days due to a surge in COVID-19 infections and deaths resulting from the second wave of the pandemic.
His Lordship Alfonse Owiny-Dollo Chigamoy the Chief Justice of Uganda
Chief Justice-CJ Alfonse Owiny-Dollo has directed the resumption of the hearing
of both criminal and civil matters under strict observance of the Standard
Operating Procedures-SOPs aimed at stopping the spread of COVID-19.
who had also suspended the hearing of Election Petitions, has ordered that hearings resume
on August 16 2021, saying the Principal Judge will be issuing the schedules.
The CJ suspended the hearing of cases more than 40 days
due to a surge in COVID-19 infections and deaths resulting from the second wave
of the pandemic. His directive came two days after president; Yoweri Museveni
announced the second nationwide lockdown for 42 to contain the second wave of
July 30, 2021, Museveni lifted the lockdown following the expiry of the 42
days, saying COVID-19 cases had significantly reduced. He also directed people categorized
as essential workers such as health workers, media practitioners, and judiciary
and security agencies to increase their strength from 10 to 20 percent with
strict observance of SOPs.
Now, in line with the presidential guidelines, Justice
Owiny-Dollo has ordered judges in cases where there are more than 10 Advocates in
a single election petition to conduct the hearing using Audio- Visual
facilities or use open spaces in the court premises where possible.
"All courts shall, where possible,
establish a temporary separate space at the court where excess persons or those
whose cases were fixed at a later time, may be seated, in order to promote
social distancing and observation of Covid-19 SOPs, "reads the CJ’s
circular in part.
Adding that, “Only
parties to the case (s), their Advocates and specifically summoned witnesses
shall attend Court. Cases should be caused listed for specific times, one after
the other and a witness waiting area should be arranged".
According to Justice Owiny-Dollo, “the
media interested in covering Election Petition proceedings shall be
accredited and guided by the respective court registrars in consultation with
the Public Relations Officer to ensure the coverage of Court proceedings is done
in an orderly manner".
There are 104 parliamentary election petitions
across the country and more than 50 others emanating from the LC V chairperson
polls as well as other local council leaders, according to the court records
seen by URN. Besides lifting the ban on hearing cases, the Chief Justice has
also ordered that plea bargain sessions in both the High Court and Magistrates
Courts should also resume immediately.
"Each Court will determine the number of
cases to handle per day upon discussion with Key stakeholders like office of
the Director of Public Prosecutions, Prisons , Police and Advocates among
others.” The circular also states, “Execution proceedings and process may resume,
except evictions arrests and detention of judgement debtors.”
According to Owiny-Dollo when hearing Civil and
Criminal cases, Judicial Officers should not fix more than five cases per day
to avoid clouds. He further directed that the courts should
immediately start operating at 20 percent staff physical presence and ensure
that only critical staff appear to attend the court or office business on a
"Registrars , Magistrates and Heads of
Department are required to update the staff attendance rotas for each court and
office to ensure that the staff work in rotation with a view to avoid crowding
courts, registries and offices", reads the circular.
He noted that staff
who are not shortlisted to work physically
should remain working from home whenever applicable. The law requires hearing
of election petitions within 60 days after their filing. However, in this case,
the judiciary delayed the hearing due to the lockdown caused by the COVID-19