Administration of the Judiciary Act, 2020

Act 8 of 2020

Citation
Act 8 of 2020
Date
19 June 2020
Language
English
Type
Act
Publication
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Uganda

Administration of the Judiciary Act, 2020

Act 8 of 2020

An Act to give effect to Chapter Eight of the Constitution relating to the Judiciary; to provide for the efficient and effective administration of the Judiciary; to establish the Judiciary Council to advise the Chief Justice on the administration of justice and the courts; to establish a Judiciary Service within the Judiciary; to strengthen the independence of the Judiciary by streamlining the provision and management of funds for the Judiciary and establishing structures within the Judiciary to improve the performance of the Judiciary; to provide for retirement benefits of judicial officers and for related matters.BE IT ENACTED by Parliament as follows:

Part I – Preliminary

1. Interpretation

In this Act, unless the context otherwise requires—“Commission” means the Judicial Service Commission established by article 146 of the Constitution;“Council” means the Judiciary Council established by section 4;“currency point” has the value assigned to it in Schedule 1 to this Act;“Institute” means the Judicial Training Institute;“judicial officer” means the Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of the Court of Appeal, a Judge of the High Court, the Chief Registrar, a Registrar of a Court, a Magistrate or such other person holding any office connected with court as may be prescribed by law;“Judiciary Service” means the Judiciary Service established by section 13;“lower bench" means a magistrates court or other court lower than the High Court;“Minister” means the Minister responsible for justice;“staff of the Judiciary” means all judicial officers, administrative and other staff appointed by the Judicial Service Commission to perform judicial, administrative and other functions of the Judiciary;“superior courts" means the Supreme Court, the Court of Appeal and the High Court.

2. Object of the Act

The object of this Act is —
(a)to operationalise Chapter Eight of the Constitution relating to the Judiciary;
(b)to facilitate the improvement of the efficiency and effectiveness of the courts of judicature;
(c)to establish the Judiciary Council to advise the Chief Justice on the administration of the Judiciary and justice;
(d)to strengthen the independence of courts in accordance with the Constitution;
(e)to streamline the administration of courts;
(f)to facilitate a judicial process that is committed to the expeditious determination of disputes;
(g)to establish a Judicial Training Institute; and
(h)to provide for retirement benefits of judicial officers.

Part II – Administration of the Judiciary

3. Administration of the Judiciary by the Chief Justice

The Chief Justice may, in exercise of his or her administrative and supervisory authority under article 133 of the Constitution —
(a)assign administrative duties of a higher status to a judicial officer for a specified period of time;
(b)establish performance and evaluation systems for the Judiciary; and
(c)take any other action appropriate to the exercise of the powers conferred on the Chief Justice by article 133 of the Constitution.

4. Establishment of the Judiciary Council

(1)There is established within the Judiciary, a Judiciary Council consisting of —
(a)the Chief Justice;
(b)the Deputy Chief Justice;
(c)the Principal Judge;
(d)the Attorney General;
(e)the Director of Public Prosecutions;
(f)one Justice representing the superior courts;
(g)one judicial officer representing the lower bench;
(h)the Solicitor General;
(i)the Chief Registrar;
(j)the Secretary to the Judiciary;
(k)the Secretary to the Treasury;
(l)a representative of the Justice Law and Order Sector institutions, other than the Ministry responsible for justice;
(m)the President of the Uganda Law Society;
(n)the Chairperson of the Law Council;
(o)two members of the public nominated by the Judicial Service Commission, male and female, of high moral character, proven integrity and competence, one of whom is a person with disabilities and none of whom is a lawyer or an advocate; and
(p)the Chief Inspector of Courts.
(2)The Chief Justice shall be the chairperson of the Council and shall preside at the meetings of the Council, and in his or her absence, the Deputy Chief Justice shall preside.
(3)The Chief Justice or the Council may invite any person or representative of any organisation or department of Government to attend the meetings of the Council.
(4)The Council shall meet at least once in every three months, at a place and time determined by the Chief Justice.
(5)Subject to this Act, the Council shall determine its own procedure or any other matter relating to the meetings of the Council.
(6)The Chief Registrar shall be the secretary to the Council.

5. Functions of the Council

The Council shall be responsible for advising the Chief Justice on —
(a)policies for planning and development of the Judiciary;
(b)ethics and integrity within the Judiciary;
(c)ways and means of securing adequate financing for the Judiciary;
(d)matters relating to personnel or staff development and welfare;
(e)improvement of the administration of justice;
(f)policies for the continuous monitoring and evaluation of the Judiciary; and
(g)any other matter relating to the administration or operation of the Judiciary.

6. Establishment of committees within the Judiciary

(1)The Chief Justice shall establish committees within the Judiciary to perform functions and duties as may be prescribed by the Chief Justice.
(2)Without limiting the general effect of subsection (1), the Chief Justice shall establish the following committees within the Judiciary—
(a)the planning, development and finance committee;
(b)human capital development, gender and equity mainstreaming committee;
(c)information, communications technology and documentation committee;
(d)the audit committee; and
(e)any other committee required for the administration of the Judiciary.
(3)The Chief Justice shall, in consultation with the Council, determine the composition and procedures of the committees established under this section.
(4)The members of a committee established under subsection (1) shall hold office on terms determined by the Chief Justice, on the recommendation of the Council.

7. Functions of committees

(1)The committee on planning, development and finance shall be responsible for —
(a)initiation, coordination and implementation of judicial policies, strategic plans, programmes and projects including research, budgeting, allocation and utilisation of resources; and
(b)discussing the approved budgets, allocating resources, ensuring proper maintenance of movable and immovable assets and monitoring investment plans of the Judiciary.
(2)The committee on human capital, development, gender and equity mainstreaming shall, among other things, advise the Council on the terms and conditions of service, training and development of staff of the Judiciary, mainstreaming gender within the Judiciary, corporate and public relations issues and outreach programmes in the Judiciary.
(3)The committee on information, communications technology and documentation shall be responsible for library information services, internal law reporting and information technology in the Judiciary.
(4)The Chief Justice shall, on the advice of the Council, determine the functions of any other committee established under section 6(2)(e).

Part III – The Inspectorate of Courts

8. Inspectorate of Courts

(1)There is established an Inspectorate of Courts within the Judiciary.
(2)The Inspectorate shall be headed by a Chief Inspector of Courts designated by the Chief Justice from among the Justices of the Supreme Court.
(3)The Chief Inspector of Courts shall hold office for a renewable period of three years.
(4)The Chief Inspector of Courts shall report to the Chief Justice in the discharge of his or her duties.

9. Functions of the Inspectorate

(1)The functions of the Inspectorate are —
(a)to receive and process internal and external complaints against any staff of the Judiciary;
(b)to investigate cases of maladministration of justice or any matter within its mandate;
(c)to examine and take custody of any judicial and administration records necessary for its investigations;
(d)to recommend remedial action as appropriate, during inspection, to correct cases of maladministration in the Judiciary;
(e)to interface with and sensitize stakeholders and the general public on the administration of justice; and
(f)to enforce the Judicial Code of Conduct and the Public Service Code of Conduct in the Judiciary.
(2)In the performance of its functions, the Inspectorate shall observe the principles of equity, natural justice and impartiality.
(3)The Chief Inspector of Courts shall produce quarterly reports in addition to other reports of his or her inspection work.

10. Types of inspection

The Inspectorate shall carry out its mandate through the following activities —
(a)adhoc inspections;
(b)scheduled inspections;
(c)extended or comprehensive inspections;
(d)special inspections;
(e)surveys; and
(f)investigations.

11. Powers of the Inspectorate

In the exercise of its functions, the Inspectorate —
(a)shall have access to all court records or official records kept by a judicial officer;
(b)may require any person to supply any information or answer any question relating to the conduct of a case or trial; and
(c)may compel the attendance of any person before the Inspectorate or require a person to produce any document necessary for the discharge of the functions of the Inspectorate.

12. Secretariat of the Inspectorate

(1)The Inspectorate shall have a Registrar and such number of Deputy Registrars and administrative staff as shall be determined and designated by the Chief Justice.
(2)The Registrar shall head the secretariat of the Inspectorate.

Part IV – The Judiciary Service

13. The Judiciary Service

(1)There is established within the Judiciary, a service known as the Judiciary Service.
(2)The Judiciary Service shall consist of judicial officers and staff of the judiciary.
(3)All staff of the Judiciary, other than those appointed by the President, shall be appointed by the Judicial Service Commission in accordance with the approved structure of the Judiciary.

14. Standard of service

In the discharge of its functions, the Judiciary Service shall —
(a)be guided by the Constitution;
(b)uphold and be bound by the Judicial Code of Conduct and any other codes applicable to the professional bodies to which the judicial officers and staff belong; and
(c)promote honesty, integrity and transparency.

15. Chief Registrar

(1)A person shall not be appointed Chief Registrar or Registrar under article 145 (2) of the Constitution, unless that person is eligible for appointment as a Judge of the High Court.
(2)The Chief Registrar is responsible for —
(a)performing judicial functions vested in the Chief Registrar by law;
(b)giving effect to policies and directions of the Chief Justice, Deputy Chief Justice and Principal Judge;
(c)effectively overseeing judicial operations of all the courts of judicature;
(d)monitoring and enhancing the quality of services and official procedures;
(e)communicating with the Government and the public on matters relating to the Judiciary or any other matters which Government may be concerned with;
(f)implementing the judicial activities in the Judiciary Strategic Plan;
(g)assisting the Chief Justice, Deputy Chief Justice and the Principal Judge in the facilitation and supervision of the courts;
(h)linking the Judiciary and the Judicial Service Commission on appointments, promotions and disciplinary matters relating to Registrars and Magistrates; and
(i)any other matter assigned by the Chief Justice, Deputy Chief Justice or Principal Judge.
(3)Except for the functions under subsection (2)(a), in the exercise of the functions under subsection (2), the Chief Registrar shall report to the Chief Justice.

16. Registrars

There shall be a Registrar responsible for —
(a)the registry at —
(i)the Supreme Court;
(ii)the Court of Appeal; and
(iii)the High Court;
(b)planning, research and development;
(c)human resource development and training; and
(d)any other matter assigned by the Chief Justice or the Chief Registrar.

17. Secretary to the Judiciary

(1)There shall be a Secretary to the Judiciary who shall be appointed by the President under article 174 of the Constitution.
(2)The Secretary to the Judiciary shall be responsible for —
(a)the organisation of the Judiciary;
(b)tendering advice to the Chief Justice in respect of the administrative business of the Judiciary;
(c)implementing policies of the Government of Uganda;
(d)implementing the administrative activities in the Judiciary Strategic Plan;
(e)subject to article 164 of the Constitution, the expenditure of public funds by or in connection with the Judiciary; and
(f)any other duty assigned by the Chief Justice, Deputy Chief Justice or Principal Judge.
(3)In the performance of his or her duties, the Secretary to the Judiciary shall be answerable to Parliament.

Part V – Performance Management System

18. Performance Management System

The Chief Justice shall establish a Performance Management System within the Judiciary.

Part VI – Judicial Training Institute

19. Judicial Training Institute

(1)There shall be a Judicial Training Institute.
(2)The Institute shall provide specialized and continuous education to the Judiciary Service.
(3)The Institute may provide training to any other person or institution approved by the Director of the Institute.
(4)The Chief Justice shall designate a Judge to be the Director of the Institute.

Part VII – Service in other institutions

20. Service in other institutions

(1)Where a judicial officer or a person in the Judiciary Service —
(a)is appointed to an institution outside the Judiciary, that officer or person shall apply to the Judicial Service Commission for leave of absence without pay from the Judiciary; or
(b)is seconded to an institution outside the Judiciary, that officer or person shall apply to the Judicial Service Commission for leave of absence from the Judiciary.
(2)Subject to subsection (3), the Judicial Service Commission may grant to an applicant under subsection (1), the leave applied for in each case for a period not exceeding three years.
(3)A judicial officer or a person in the Judiciary who is appointed to an instititution outside the Judiciary for a period exceeding three years may, in consultation with the Judicial Service Commission, retire from the Judiciary.
(4)The period of three years prescribed in subsection (2) does not apply to a judicial officer who is appointed to an institution outside the Judiciary —
(a)against a national quota of personnel vacancies required to be filled by Uganda and when it is in the interest of Uganda to fill its quota of places on the staff of that body; or
(b)in accordance with any law, treaty or convention to which Uganda is a State Party.
(5)A judicial officer appointed to an institution outside the Judiciary in accordance with subsection (4) is entitled to leave of absence without pay for the duration of the period for which the judicial officer is appointed.
(6)The period of absence granted to the judicial officer or a person in respect of service under subsection (1)(a) shall not be counted as part of the officer’s period of service for purposes of computing the one-off lumpsum retirement benefit under paragraph 2 of Schedules 2, 4, 5 and 6 of this Act.
(7)Where a Justice of the Supreme Court, Justice of the Court of Appeal or a Judge of the High Court is granted leave of absence without pay in accordance with this section, the President may, acting on the advice of the Judicial Service Commission, appoint, in accordance with article 142 of the Constitution, an acting Justice of the Supreme Court, Justice of the Court of Appeal or Judge of the High Court as the case maybe, to act in place of the judicial officer, but the person appointed shall not be entitled to retirement benefits which are granted under this Act.
(8)This section does not apply to a judicial officer or a person in the Judiciary Service who is assigned to perform a specific task in addition to his or her routine duty for a period not exceeding two years.

Part VIII – Retirement benefits for judicial officers

21. Application

The provisions of this Part apply to —
(a)a Chief Justice, Deputy Chief Justice, Justice of the Supreme Court, Justice of the Court of Appeal, Principal Judge, Judge of the High Court, Chief Registrar, Registrar and Magistrate who retires after the commencement of this Act; and
(b)a retired Chief Justice, Deputy Chief Justice, Justice of the Supreme Court, Justice of the Court of Appeal, Principal Judge, Judge of the High Court, Chief Registrar, Registrar and Magistrate who retired before the commencement of this Act and who, on the commencement of this Act. is receiving a pension in respect of his or her service under the Pensions Act.

22. Retirement benefits for Chief Justice and Deputy Chief Justice

A Chief Justice and Deputy Chief Justice shall, on retirement from office, be granted the retirement benefits prescribed respectively in relation to their offices in Schedule 2 to this Act.

23. Funeral of Chief Justice, Deputy Chief Justice, Principal Judge and Justice of the Supreme Court

The funeral of a person who dies while holding the office of Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court shall be conducted in accordance with Schedule 3 to this Act.

24. Retirement benefits for a Justice of the Supreme Court and Justice of the Court of Appeal

A Justice of the Supreme Court and a Justice of the Court of Appeal shall, on retirement from office, be granted the retirement benefits specified in Schedule 4 to this Act.

25. Retirement benefits for Principal Judge and Judge of the High Court

A Principal Judge and a Judge of the High Court shall, on retirement, be granted the retirement benefits specified in Schedule 5 to this Act.

26. Retirement benefits for other judicial officers

A judicial officer, other than the Chief Justice, Deputy Chief Justice, Justice of the Supreme Court, Justice of the Court of Appeal, Principal Judge or Judge of the High Court who retires from office shall receive the benefits specified in Schedule 6 to this Act.

27. Retirement on other grounds

Notwithstanding sections 22 to section 26, a judicial officer is entitled to the retirement benefits granted under this Part —
(a)if he or she retires on medical grounds with medical evidence to the satisfaction of the Judicial Service Commission, acting on the advice of the medical board, that he or she is unable to perform the functions of his or her office arising from infirmity of body or mind, and that the infirmity is likely to be permanent; or
(b)if he or she retires from the Judiciary Service —
(i)in the case of a Chief Justice, Deputy Chief Justice, Principal Judge, Justice of the Supreme Court, Justice of the Court of Appeal, Judge of the High Court, Chief Registrar or Registrar, with the consent of the President, acting on the advice of the Judicial Service Commission; or
(ii)in the case of a Magistrate, with the written consent of the Judicial Service Commission.

28. Disqualification for retirement benefits

A judicial officer who leaves or is removed from the Judiciary Service under any of the following circumstances, shall not be entitled to retirement benefits under this Act —
(a)where the judicial officer is removed from the Judiciary Service in accordance with the Constitution; or
(b)where the judicial officer absconds from duty.

29. Payment of benefits to dependents

(1)Where a judicial officer dies while in service, the surviving spouse or spouses and dependent children of the deceased judicial officer shall be entitled to —
(a)a one-off lumpsum retirement benefit granted under paragraph 2 of Schedules 2, 4, 5 and 6 of this Act; and
(b)the monthly retirement benefit granted under paragraph 1 of Schedules 2, 4, 5 and 6 of this Act, for a period of fifteen years from the date of the death of the judicial officer.
(2)Where a retired judicial officer to whom a monthly retirement benefit has been granted under paragraph 1 of Schedules 2, 4, 5 and 6 of this Act dies during retirement, the surviving spouse or spouses and dependent children of the deceased retired judicial officer shall be entitled to the monthly retirement benefit for the unexpired period of fifteen years.
(3)Where a judicial officer to whom a monthly retirement benefit is granted under paragraph 1 of Schedules 2, 4, 5 and 6 of this Act dies after receiving the benefit for fifteen years, the payment of the monthly retirement benefit shall cease.
(4)For the avoidance of doubt, the retirement benefits granted to the surviving spouse or spouses and dependent children of a deceased judicial officer under subsection (1) or (2) shall be limited only to the lump sum retirement benefit and the monthly retirement benefit as the case may be.

30. Retirement benefits to be charged on Consolidated Fund

(1)The retirement benefits granted under this Part shall be charged on the Consolidated Fund.
(2)The retirement benefits payable to a judicial officer under this Part shall be exempt from tax.

31. Disapplication of the Pensions Act, Cap. 286

(1)The Pensions Act shall not apply to a judicial officer to whom this Part applies.
(2)For the purposes of this Part, “judicial officer” means the Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of the Court of Appeal, a Judge of the High Court, the Chief Registrar, a Registrar of a court and a Magistrate.
(3)A judicial officer to whom this Act applies, and who on the commencement of this Act was receiving a pension, shall on the commencement of this Act, cease to receive the pension and shall receive the retirement benefits granted to him or her under this Part.

32. Repeal of section 46(3) of the Judicature Act

Section 46(3) of the Judicature Act is repealed.

Part IX – Finances

33. Funds of the Judiciary

The funds of the Judiciary shall include —
(a)money appropriated by Parliament for the purposes of the Judiciary;
(b)grants or donations approved by the Minister responsible for finance; and
(c)all other moneys received by the Judiciary in the exercise of its functions.

34. Expenses of the Judiciary

All moneys approved by Parliament to defray the expenses incurred in the discharge of the functions of the Judiciary or in carrying out the purposes of this Act shall be a direct charge on the Consolidated Fund.

35. The Judiciary Fund

(1)There shall be a Judiciary Fund.
(2)All the funds of the Judiciary under section 33 shall be paid into the Judiciary Fund.

36. Bank accounts

The Judiciary shall open and maintain such bank accounts, with the approval of the Accountant General, as are necessary for the exercise of the functions of the Judiciary and shall pay into them all monies received for the purposes of the Judiciary or this Act.

37. Financial year of the Judiciary

The financial year of the Judiciary shall be the same as the financial year of Government.

38. Books of account

The Judiciary shall keep proper books of accounts and records, and the accounts shall be audited by the Auditor General in accordance with the National Audit Act, 2008.

Part X – Miscellaneous

39. Annual report of the Judiciary

(1)The Chief Justice shall publish an annual performance report concerning all activities of the Judiciary during the financial year.
(2)The report shall include information on the state of the Judiciary in the country.
(3)The Chief Justice shall cause to be distributed, copies of the annual performance report to the President, the Speaker, and any other stakeholder.

40. Regulations

The Minister may, after consultation with the Chief Justice, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.

Schedule 1

Currency point (Section 1)

A currency point is equivalent to twenty thousand shillings.

Schedule 2

Benefits payable to a Retired Chief Justice and Deputy Chief Justice (Section 22)

A. Chief Justice

1.A monthly retirement benefit equivalent to the salary payable to a sitting Chief Justice. The retirement benefit shall be paid to the retired Chief Justice for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Chief Justice multiplied by five and the years of service.
3.A furnished house or a one-off payment of twenty thousand currency points payable in lieu of a house.
4.An annual medical allowance equivalent to the medical allowance payable to a sitting Chief Justice.
5.A chauffeur driven car or a one-off payment of ten thousand currency points in lieu of a car.
6.Security provided by the State.
7.Two domestic servants or payment of fifteen currency points per month payable in lieu of two domestic servants.
8.A fuel and vehicle repairs allowance of one hundred currency points per month.
9.A consolidated allowance of eleven point seventy five currency points per month to cater for airtime and internet.

B. Deputy Chief Justice

1.A monthly retirement benefit equivalent to the salary payable to a sitting Deputy Chief Justice. The retirement benefit shall be paid to the retired Deputy Chief Justice for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Deputy Chief Justice multiplied by five and the years of service.
3.A monthly housing allowance equivalent to the housing allowance payable to a sitting Deputy Chief justice or a one-off payment of nineteen thousand currency points, payable in lieu of a house.
4.An annual medical allowance equivalent to the medical allowance payable to a sitting Deputy Chief Justice.
5.A chauffeur driven car or a one-off payment of nine thousand currency points in lieu of a car.
6.Security provided by the State.
7.A fuel and vehicle repairs allowance of ninety currency points per month.
8.A consolidated allowance of ten point twenty five currency points per month to cater for airtime and internet.

Schedule 3

Funeral arrangements for Chief Justice, Deputy Chief Justice, Principal Judge and Justice of the Supreme Court (Section 23)

1.A person who dies while holding the office of Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court or a retired Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court shall be accorded a state funeral.
2.Thirty percent of the gross annual allowance of the Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court shall be used towards funeral expenses.
3.An official statement about the death of the Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Cupreme court shall be made on television, radio, print media and other electronic media.
4.National flags shall be flown at half-mast during the mourning period.
5.The casket shall be draped in the national flag.
6.The casket cortege shall be escorted by the Uganda Police Force in top roof flash light vehicles.
7.The casket shall be carried by ceremonially uniformed pall bearers from the Uganda Police Force.
8.The body shall lie in State for one day, for public viewing.
9.A condolence book shall be opened for signing by political leaders, dignitaries and the public.
10.An official guard shall keep vigil and a bright light shall light the casket throughout the night.
11.Parliament shall pay tribute to the Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court with a band in attendance playing dirges.
12.A funeral service shall be held in honour of the late Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court in a place of worship or in a place designated by Cabinet.
13.The casket shall be transported to the burial place by a hearse.

Schedule 4

Benefits payable to a retired Justice of the Supreme Court and Justice of the Court of Appeal (Section 24)

A. Justice of the Supreme Court

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a sitting Justice of the Supreme Court. The retirement benefit shall be paid to the retired Justice of the Supreme Court for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Justice of the Supreme Court multiplied by five and the years of service.
3.A monthly housing allowance equivalent to the housing allowance payable to a sitting Justice of the Supreme Court or a one off payment of fifteen thousand currency points, payable in lieu of a house.
4.An annual medical allowance equivalent to the medical allowance payable to a sitting Justice of the Supreme Court.
5.A chauffeur driven car or a one-off payment of seven thousand five hundred currency points, payable in lieu of a car.
6.Security provided by the State.

B. Justice of the Court of Appeal

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a sitting Justice of the Court of Appeal. The retirement benefit shall be paid to the retired Justice of the Court of Appeal for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Justice of the Court of Appeal multiplied by five and the years of service.
3.A monthly housing allowance equivalent to the housing allowance payable to a sitting Justice of the Court of Appeal or a one off payment of fifteen thousand currency points, payable in lieu of a house.
4.An annual medical allowance equivalent to the medical allowance payable to a sitting Justice of the Court of Appeal.
5.A chauffeur driven car or a one-off payment of seven thousand five hundred currency points, payable in lieu of a car.
6.Security provided by the State.

Schedule 5

Benefits payable to a retired Principal Judge and a Judge of the High Court (Section 25)

A. Principal Judge

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a sitting Principal Judge. The retirement benefit shall be paid to the retired Principal Judge for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Principal Judge multiplied by five and the years of service.
3.A monthly housing allowance equivalent to the housing allowance payable to a sitting Principal Judge or a one off payment of seventeen thousand five hundred currency points, payable in lieu of a house.
4.An annual medical allowance equivalent to the medical allowance payable to a sitting principal judge
5.A chauffeur driven car or a one-off payment of eight thousand currency points, payable in lieu of a car.
6.Security provided by the State.

B. Judge of the High Court

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a sitting Judge of the High Court. The retirement benefit shall be paid to the retired Judge of the High Court for life.
2.A one off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Judge of the High Court multiplied by five and the years of service.
3.A monthly housing allowance equivalent to the housing allowance payable to a sitting Judge of the High Court or a one off payment of fifteen thousand currency points, payable in lieu of a house.
4.An annual medical allowance equivalent to the medical allowance payable to a sitting Judge of the High Court.
5.A chauffeur driven car or a one-off payment of seven thousand five hundred currency points, payable in lieu of a car.
6.Security provided by the State.

Schedule 6

Retirement benefits of other judicial officers (Section 26)

A. Chief Registrar

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Chief Registrar. The retirement benefit shall be paid to the retired Chief Registrar for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Chief Registrar multiplied by five and the years of service.
3.Security provided by the State.

B. Registrar

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Registrar. The retirement benefit shall be paid to the retired Registrar for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Registrar multiplied by five and the years of service.

C. Deputy Registrar

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Deputy Registrar. The retirement benefit shall be paid to the retired Deputy Registrar for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Deputy Registrar multiplied by five and the years of service.

D. Assistant Registrar

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Assistant Registrar. The retirement benefit shall be paid to the retired Assistant Registrar for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Assistant Registrar multiplied by five and the years of service.

E. Chief Magistrate

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Chief Magistrate. The retirement benefit shall be paid to the retired Chief Magistrate for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Chief Magistrate multiplied by five and the years of service.

F. Senior Principal Magistrate Grade One

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Senior Principal Magistrate Grade One. The retirement benefit shall be paid to the retired Senior Principal Magistrate Grade One for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Senior Principal Magistrate Grade One multiplied by five and the years of service.

G. Principal Magistrate Grade One

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Principal Magistrate Grade One. The retirement benefit shall be paid to the retired Principal Magistrate Grade One for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Principal Magistrate Grade One multiplied by five and the years of service.

H. Senior Magistrate Grade One

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Senior Magistrate Grade One. The retirement benefit shall be paid to the retired Senior Magistrate Grade One for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Senior Magistrate Grade One multiplied by five and the years of service.

I. Magistrate Grade One

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Magistrate Grade One. The retirement benefit shall be paid to the retired Magistrate Grade One for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Magistrate Grade One multiplied by five and the years of service.

J. Senior Principal Magistrate Grade Two

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Senior Principal Magistrate Grade Two. The retirement benefit shall be paid to the retired Senior Principal Magistrate Grade Two for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Senior Principal Magistrate Grade Two multiplied by five and the years of service.

K. Principal Magistrate Grade Two

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Principal Magistrate Grade Two. The retirement benefit shall be paid to the retired Principal Magistrate Grade Two for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Principal Magistrate Grade Two multiplied five and the years of service.

L. Senior Magistrate Grade Two

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Senior Magistrate Grade Two. The retirement benefit shall be paid to the retired Senior Magistrate Grade Two for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Senior Magistrate Grade Two multiplied by five and the years of service.

M. Magistrate Grade Two

1.A monthly retirement benefit equivalent to eighty per cent of the salary payable to a serving Magistrate Grade Two. The retirement benefit shall be paid to the retired Magistrate Grade Two for life.
2.A one-off lump sum retirement benefit equivalent to 2.4% of the annual salary of the retiring Magistrate Grade Two multiplied by five and the years of service.
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History of this document

19 June 2020 this version
Assented to
Commenced

Subsidiary legislation

Title
Date
Administration of the Judiciary (Establishment of Committees) Regulations, 2023 Statutory Instrument 93 of 2023 24 November 2023
Administration of the Judiciary (Inspectorate of Courts) Regulations, 2023 Statutory Instrument 92 of 2023 24 November 2023