Judicial Service Commission Regulations, 2005

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Date of promulgation: 

8 November 2005

THE JUDICIAL SERVICE COMMISSION REGULATIONS, 2005

ARRANGEMENT OF REGULATIONS

Regulation

Part I—Preliminary

  1. Title
  2. Interpretation

Part II—Meetings And Other Matters Relating to the Commission

  1. Presiding at meetings
  2. Record of proceedings
  3. Decision by circulation of papers
  4. Dissent
  5. Enforcement of attendance
  6. Attendance allowance
  7. Failure to appear or produce documents or obey orders of the Commission
  8. Oath on appointment

Part III—Appointments, Confirmation of Appointments, etc.

  1. Matters to be considered on appointment
  2. Consultation and selection boards
  3. Obligation to conform to Constitution, Act and Regulations
  4. Procedures and forms
  5. Filling of vacancies

Regulation

  1. Advertisement
  2. Vacancies to be filled after examination, interviews or course of study
  3. Recruitment from outside Uganda
  4. Appointments
  5. Acting appointments
  6. Renewal of contracts
  7. Compulsory retirement on grounds of age

Part IV—Discipline

  1. Offences
  2. Absconding from duty
  3. Interdiction
  4. Report on institution of criminal proceedings
  5. Procedure after acquittal on criminal charge
  6. Procedure on criminal conviction
  7. Misconduct justifying dismissal
  8. Misconduct not justifying dismissal
  9. Disciplinary penalties which may be imposed by Commission
  10. Termination of temporary or probationary appointments
  11. Report of unsatisfactory conduct of officer serving on contract

  1. Retirement in the public interest

Part V—Miscellaneous

  1. Commission to commence proceedings on its own
  2. Relevant documents to be submitted
  3. Documents to be submitted in triplicate
  4. Service of documents
  5. Correspondences
  6. Consent to prosecution
  7. Cases not otherwise provided for
  8. Revocation of S.I No. 22 of 1989

SCHEDULES.

SCHEDULE 1— OATH OF MEMBER OF THE JUDICIAL SERVICE COMMISSION SCHEDULE 2— OATH OF SECRETARY OR OFFICER OF THE JUDICIAL SERVICE

commission


The Judicial Service Commission Regulations, 2005.

(Under section 27 of the Judicial Service Act, Cap. 14)

IN exercise of the powers conferred on the Judicial Service Commission by section 27 of the Judicial Service Act, these Regulations are made this 8th day of November, 2005.

Part I—Preliminary

  1. Title

These Regulations may be cited as the Judicial Service Commission Regulations, 2005.

  1. Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Judicial Service Act, Cap 14;

“appointment” includes appointment on promotion or appointment on transfer;

“Chief Registrar” means the Chief Registrar of the Courts of Judicature; “Commission” means the Judicial Service Commission;

“functions” includes powers and duties;

“judicial officer” means—

  1. a Judge or any person who presides over a court or tribunal

howsoever described;

  1. the Chief Registrar or Registrar of a court;
  2. such other person holding any office connected with the court as

may be prescribed by law;

“Ministry” includes a department;

“responsible officer” means the Permanent Secretary of the Ministry or Department under which a judicial officer is serving;

“salary” means basic salary, and in the case of an officer in receipt of overseas addition to salary or inducement pay, the addition to salary or inducement pay as the case may be;

“Secretary” means the Secretary to the Judicial Service Commission;

“service” means the judicial service; and

“tribunal” means a tribunal established under the Land Act Cap 227, the Uganda Communications Act Cap.106, the Electricity Act 1999 Cap 145 and any other tribunal as may be prescribed by law.


Part II—Meetings And Other Matters Relating to the Commission

  1. Presiding at meetings

Every meeting of the Commission shall be presided over by the Chairperson or, in his or her absence, by the Deputy Chairperson and in the absence of both the Chairperson and the Deputy Chairperson, by a member of the Commission representing the Judiciary.

  1. Record of proceedings

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

  1. Decision by circulation of papers
  1. Except for matters of appointment, discipline, reviewing and making recommendations on the terms and conditions of service of Judges and other judicial officers, or a proposal to remove from office, a Judge or any other judicial officer, decisions may be made by the Commission without a meeting by circulation of the relevant documents among the members and the expression of their views in writing.
  2. Any member may require that any decision referred to in subregulation
  1. be deferred until the subject matter is considered at a meeting of the Commission.
  2. A decision made by circulation of papers under this subregulation is not valid unless it is supported by all the members of the Commission.
  1. Dissent

Any member may dissent from a decision of the Commission and the reasons for the dissent shall be set out in the records of the Commission.

  1. Enforcement of attendance

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.

  1. Attendance allowance

Any person attending a meeting of the Commission at the request of the Commission, other than a person, who is applying for appointment to the service or to a tribunal, is entitled to be paid by the Commission an allowance as the Commission may determine.

  1. Failure to appear or produce documents or obey orders of the Commission

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 service or to a tribunal, who—

  1. without reasonable cause fails to appear before the Commission when notified to do so;
  2. willfully fails to produce any document in his or her possession when

requested to do so by the Commission; or

  1. willfully fails to obey or carry out a lawful order of the Commission,

commits an offence and is liable on conviction to the penalty specified under section 18 of the Act.

  1. Oath on appointment
  1. Every member of the Commission shall, before assuming the functions of commissioner—
  1. take and subscribe the official oath as required by section 2 of the Oaths

Act; and

  1. take and subscribe the oath set out in Schedule 1 to these Regulations.
  1. The oath taken by a member of the Commission under subregulation (1) shall be administered by the Chief Justice or, in his or her absence, by the Deputy Chief Justice.
  2. The Secretary and such other officer of the Commission as the Chairperson may require shall, before assuming the performance of his or her functions, take and subscribe the oath set out in Schedule 2 to these Regulations.
  3. The oath taken by the Secretary or other officer of the Commission under subregulation (3) shall be administered by the Chairperson or such officer as the Chairperson may delegate.

Part III—Appointments, Confirmation of Appointments, etc.

  1. Matters to be considered on appointment
  1. In the performance of its functions in connection with the appointment of judicial officers and members of tribunals, the Commission shall have regard to the maintenance of the high standard of independence, propriety, integrity, impartiality, equality, competence and diligence required of a judicial officer and shall take into account the qualification, merit and experience of a candidate.
  2. In the case of appointment of judicial officers already in service, the Commission shall take into account all the qualities specified in subregulation (1) before seniority.
  1. Consultation and selection boards

In the performance of its functions in connection with the appointment of judicial officers, the Commission may—

  1. consult with any other organisation, department or person; or
  2. seek the advice of a selection board appointed by the Commission which

may appoint to it members of the Commission and other persons who

are not members of the Commission.

  1. Obligation to conform to Constitution, Act and Regulations

The Commission shall, in the exercise of its powers in connection with the dismissal or other termination of appointment of any judicial officer, act in accordance with the provisions of the Constitution, the Act, and these Regulations.

  1. Procedures and forms

(1) The Commission shall determine—

  1. the procedure for applications for appointment to a judicial office or

tribunal, including the procedure of any selection board appointed by the Commission to interview candidates; and

  1. the forms to be used in connection with the performance of its functions.

(2) The appointment of members to a tribunal shall be made in accordance with the law establishing that tribunal.

  1. Filling of vacancies
  1. Where a vacancy occurs or it is known that a vacancy will occur in the Supreme Court, the Court of Appeal, the High Court, or in the office of a Chief Registrar, Registrar, Deputy Registrar and Assistant Registrar, the Chief Justice shall report the fact to the Commission.
  2. The Chief Justice shall forward a list of all judicial officers in the relevant cadre or post who are available to fill the vacancies specified in subregulation (1), together with the records of their service and any recommendations.
  3. Where a vacancy occurs or if it is known that a vacancy will occur in any other judicial office, the Chief Registrar in consultation with the Chief Justice or the Principal Judge, shall report the fact to the Commission.
  4. The Chief Registrar shall forward a list of all judicial officers in the relevant cadre or post who are available to fill the vacancies specified in subregulation
  1. , together with the records of their service and any recommendations.
  1. Where a vacancy occurs or if it is known that a vacancy will occur in a tribunal, the responsible officer shall report the fact, together with any recommendations to the Commission.
  2. Where any recommendation under this regulation involves the supercession of a judicial officer, reasons for the supercession shall be given.
  3. The Chief Registrar shall forward to the Secretary, a draft advertisement setting out the details of the vacant post and the duties and qualifications attached to that post.
  1. Advertisement
  1. Where a vacancy exists in any judicial office or in a tribunal, the vacancy may be advertised.
  2. The Commission shall determine the content and form of the advertisement to be issued.
  3. The advertisement may—
  1. be restricted in its circulation to persons already in the service;
  2. be restricted in its circulation to Uganda; or
  3. be unrestricted in its circulation, if the Commission is satisfied that no suitable candidate is available in Uganda.
  1. Where the Commission deems it necessary, a vacancy may be filled by a substantive or acting appointment.
  1. Vacancies to be filled after examination, interviews or course of study

Where a vacancy is to be filled—

  1. according to the results of an examination or interview conducted or

supervised by the Commission; or

  1. on the successful completion of a course of study or training designed to

qualify a candidate for appointment to the judicial service or to a tribunal,

the Commission may make arrangements and take decisions to fill the post, as it considers appropriate.

  1. Recruitment from outside Uganda
  1. Where, after consulting the Chief Justice, the Commission considers that a particular vacancy should be filled by recruitment on expatriate terms, the Commission shall take appropriate steps to effect the required recruitment.
  2. The recruitment of a non-Ugandan expert, adviser or volunteer by whatever title known, under a multi-lateral or bilateral arrangement shall be considered as recruitment from outside Uganda for the purposes of these Regulations, regardless of the existence of a vacancy on the establishment against which to hold the expert, adviser or volunteer, as the case may be, on his or her terms and conditions of service.
  1. Appointments
  1. The Commission may advise the appointing authority on the nature of appointment to be made such as substantive, acting, contract, temporary or probation in respect of Judges and Registrars and shall have powers to appoint under any nature of appointment in respect of other judicial officers.
  2. A probationary appointment shall be for a period of two years and any extension of a probationary appointment shall not exceed one year.
  3. Three months before the expiration of the period of probation of a judge, Chief Registrar, Registrar, Deputy Registrar or Assistant Registrar, the Chief Justice shall consider—
  1. whether the judicial officer should be confirmed in a pensionable post;
  2. whether a further period of probationary service is necessary to determine

whether the judicial officer should be so confirmed; or

  1. whether the judicial officer should not remain in the service.
  1. Three months before the expiration of the period of probation of a judicial officer other than one specified in subregulation (1), the Chief Registrar shall consider—
  1. whether the judicial officer should be confirmed in a pensionable post;
  2. whether a further period of probationary service is necessary to determine

whether the judicial officer should be so confirmed; or

  1. whether the judicial officer should remain in the service.
  1. If after consideration of the matters referred to in subregulations (3) and
  1. , the Chief Justice or the Chief Registrar, as the case may be, is of the opinion that a judicial officer should be confirmed in a pensionable appointment and if the judicial officer has passed such examinations as may be required as a condition for confirmation in his or her appointment, the Chief Justice or the Chief Registrar shall, as soon as practicable, before the expiration of the period of probation, forward to the Secretary a recommendation that the officer should be confirmed.
  1. If upon consideration of a recommendation under subregulation (5) that a judicial officer should be confirmed in a pensionable post, the Commission is of the opinion that it requires further information, the Commission may refer the matter back to the Chief Justice or the Chief Registrar as the case may be, for further report.
  2. If after consideration of the matters referred to in subregulation (3), the Chief Justice or Chief Registrar is of the opinion that the work and conduct of a judicial officer have been of a standard to justify confirmation in a pensionable office, but the judicial officer has not completed the examinations required for his of her appointment, the Chief Justice or Chief Registrar shall, as soon as practicable, before the expiration of the judicial officer’s period of probation, forward a report to the Secretary together with a recommendation as to the period of further probationary service which the judicial officer should be granted in order to pass the required examination.
  3. If after consideration of the matters referred to in subregulations (3) and
  1. , the Chief Justice or Chief Registrar is of the opinion that the work or conduct of a judicial officer is not in all respects satisfactory, the Chief Justice or Chief Registrar as the case may be shall inform the judicial officer in writing with a copy to the Commission and may recommend—
  1. an extension of the judicial officer’s period of probation to enable the

officer overcome the shortcomings noted; or

  1. that the judicial officer’s appointment be terminated.
  1. If the report received by the Commission about the judicial officer is adverse, the Commission shall forward to the officer, a copy of the report and the judicial officer shall make a representation within thirty days from the date of receipt of the report from the Commission.
  2. The Commission may at any time call upon the Chief Registrar to explain why a judicial officer was not confirmed on the due date.
  1. Acting appointments
  1. If a Justice of the Supreme Court or the Court of Appeal or a Judge of the High Court, the Chief Registrar, Registrar, Deputy Registrar or Assistant Registrar is for any reason unable to perform the functions of his or her office, or if for any reason it is necessary to appoint a judicial officer in acting capacity and the Chief Justice is of the opinion that some other judicial officer should be appointed to act in such office, the Chief Justice shall report the matter to the Commission and shall submit, for the consideration of the Commission, the name of the judicial officer recommended to be appointed to act in that office.
  2. If any other judicial officer is for any reason unable to perform the functions of his or her office, or if for any reason it is necessary to appoint a judicial officer in acting capacity, and the Chief Registrar is of the opinion that some other judicial officer should be appointed to act in such office, the Chief Registrar shall report the matter to the Secretary who shall submit the matter for consideration of the Commission.
  3. If the recommendation in subregulations (1) and (2) involve the supercession of a senior officer, the Chief Justice or the Chief Registrar shall inform the Commission of his or her reasons for recommending the supercession of such officer.
  4. In considering recommendations for acting appointments, the Commission shall apply the standards prescribed in regulation 11 except that consideration may also be given to the special interests of an institution or division within the judicial service.
  1. Renewal of contracts

(1) If a Justice of the Supreme Court or the Court of Appeal or a Judge of the High Court, the Chief Registrar, Registrar, the Deputy Registrar, or the Assistant Registrar is serving on contract for a specified period, the Chief Justice shall forward to the Commission, four months before the judicial 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.

  1. If any other judicial officer is serving on contract for a specified period, the Chief Registrar shall forward to the Secretary, four months before the judicial 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.
  2. In the case of a tribunal, the responsible officer shall forward the submission to the Secretary.
  1. Compulsory retirement on grounds of age
  1. If the Chief Registrar is of the opinion that a judicial officer who holds a pensionable office should retire from the judicial service on grounds that he or she has attained the mandatory age of retirement, the Chief Registrar shall remind the judicial officer in writing, three months before the actual date of retirement.
  2. The Chief Registrar shall furnish the Commission, before the 15th of December of every year, a status report on judicial officers showing how many of the judicial officers have resigned from service, died, been promoted or demoted and how many are to retire during the coming year.
  3. In the case of a tribunal, the responsible officer shall forward the report with the necessary modifications, to the Secretary.

  1. Offences

A judicial officer commits an offence against discipline if he or she does all or any of the following—

  1. conducts himself or herself in any manner prejudicial to the good image,

honour, dignity and reputation of the service;

  1. practices favoritism, nepotism or corruption whether for personal

advantage or gain or that of any other person;

  1. practices discrimination whether on the basis of sex, race, ethnic origin,

tribe, birth, creed or religion, social or economic standing, political opinion or disability;

  1. is a habitual late comer or absents or absconds from duty without

reasonable excuse;

  1. is insubordinate, rude, abusive, and disrespectful or uses vulgar language; f) is lazy or produces poor standard work;
  1. is untrustworthy or lacks integrity in public or private transactions;
  2. engages in private interests at the expense of his or her official duties;
  3. divulges official information to unauthorised persons;

(j) acts in contravention of the Code of Judicial Conduct, the Judicial Oath or any other oath taken by the judicial officer;

(k) is convicted of a criminal offence by a court of law;

  1. disregards the chain of command in his or her place of employment

without reasonable excuse;

(m) abuses judicial authority; or

(n) in any way contravenes any provisions of the law, Uganda Government Standing Orders or any other instructions relating to the discipline of judicial officers.

  1. Absconding from duty
  1. Where a judicial officer, other than a Judge appears, to have absconded from duty, the Chief Registrar or the responsible officer or the Commission shall—
  1. notify the judicial officer to that effect within fourteen days from the date

of the absence from duty; or

  1. call upon the judicial officer to explain his or her absence from duty

within a period of fourteen days.

  1. Service of notice to the judicial officer shall be at the last known address of the judicial officer or the address, which the judicial officer has given to the Judiciary.

  1. Where the judicial officer fails to respond to the notice or call, the Chief Registrar or the responsible officer shall—
  1. immediately stop payment of the salary of the judicial officer; and
  2. report to the Secretary in a detailed memorandum including appropriate

recommendation on the abscondment from duty of the judicial officer.

  1. Interdiction
  1. Whenever the Chief Registrar or the responsible officer considers that the public interest requires that a judicial officer other than a Judge should cease to perform the functions of his or her office, the Chief Registrar or responsible officer may interdict the judicial officer from the performance of those functions if disciplinary proceedings are being taken or are about to be taken or if criminal proceedings are being instituted against the judicial officer.
  2. Where the Commission has facts relating to the misconduct of a judicial officer, it may direct the Chief Registrar or the responsible officer to interdict that judicial officer.
  3. A judicial officer who is interdicted shall receive at least half of his or her

salary.

  1. Where disciplinary or criminal proceedings have been taken or instituted against a judicial officer on interdiction and the judicial officer is not dismissed or convicted as the case may be, as a result of those proceedings, the whole or any of his or her salary withheld under subregulation (3) shall be restored to the judicial officer upon the termination of the proceedings.
  2. A judicial officer on suspension or interdiction shall not leave Uganda without the permission of—
  1. the Chief Justice in consultation with the Commission in the case of a

Judge, the Chief Registrar or a Registrar;

  1. the Chief Registrar in the case of a magistrate; or
  2. the responsible officer, in case of any other judicial officer.
  1. Report on institution of criminal proceedings
  1. If criminal proceedings of a nature likely to warrant disciplinary proceedings are instituted against a judicial officer in any court, the Chief Registrar or the responsible officer shall immediately report the facts to the Secretary as to whether the officer has or has not been interdicted from the performance of his or her functions.
  2. No proceedings for the dismissal of a judicial officer upon any grounds involved in a criminal charge shall be taken until the conclusion of the criminal proceedings in the court of first instance.
  1. Procedure after acquittal on criminal charge

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 the judicial officer from being dismissed or otherwise punished on any other charges arising out of his or her conduct in the matter.

  1. Procedure on criminal conviction

(1) If a judicial officer is adjudged guilty in any court of a criminal charge likely to warrant disciplinary proceedings, the Chief Registrar or the responsible officer shall obtain a copy of the charges, the judgment, and the proceedings of the court if they are available, and forward them to the Secretary.

  1. The Commission may in its discretion obtain a copy of the charges, the judgment, and the proceedings of the court if they are available.
  2. The Commission, after giving the judicial officer an opportunity to make representations in writing or in person or to be heard in person shall determine whether the judicial officer should be dismissed or subjected to some lesser disciplinary punishment or both, on account of the conviction for the offence of which he or she has been adjudged guilty, without any of the proceedings prescribed under the rules of procedure of these Regulations.
  1. Misconduct justifying dismissal
  1. Where the Chief Registrar or the responsible officer considers it necessary to institute disciplinary proceedings against a judicial officer other than a Judge, on the ground of misconduct which, if proved, would justify dismissal from the service, the Chief Registrar or the responsible officer shall, after any preliminary investigations, which he or she considers necessary—
  1. forward to the judicial officer a statement of the charge or charges framed

against the judicial officer together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and

  1. call upon the judicial officer to state in writing before a day to be

specified by the Chief Registrar or the responsible officer, any grounds on which the judicial officer relies to exculpate himself or herself.

  1. If the judicial officer does not furnish a reply to any charge under subregulation (1) within the specified period, or if in the opinion of the Chief Registrar or the responsible officer, the judicial officer fails to exculpate himself or herself, the Chief Registrar or responsible officer shall make a report and forward copies of that report, the statement of the charges and the reply, if any, of the judicial officer to the Secretary.
  2. If, upon consideration of the report of the Chief Registrar or the report of the responsible officer, the Commission is of the opinion that proceedings for the dismissal of the judicial officer should be continued, it shall inquire into the matter in such manner as it thinks fit.
  3. The Commission shall inform the judicial officer that on a specified day the charges made against him or her will be investigated and that the judicial officer will be allowed or, if the Commission so determines, will be required to appear before it to defend himself or herself.
  4. Where a witness is examined by the Commission, the judicial officer shall be given an opportunity of being present and of putting questions to the witness and no documentary evidence shall be used against the judicial officer unless he or she has previously been supplied with a copy of the documentary evidence or been given access to the document.
  5. The Commission shall, where a judicial officer so requests, permit the judicial officer to be represented at its proceedings by an advocate.
  6. A charge may be amended at any stage of the proceedings as long as the amendment does not cause a miscarriage of justice.
  1. Misconduct not justifying dismissal
  1. Whenever the Chief Registrar or responsible officer considers it necessary to institute disciplinary proceedings against a judicial officer but is of the opinion that the misconduct alleged, if proved would not be serious enough to warrant dismissal under regulation 29, he or she shall, after any preliminary investigation which he or she considers necessary, forward to the judicial officer a statement of the charges against the judicial officer and shall call upon him or her to state in writing before a day to be specified, any grounds on which the judicial officer relies to exculpate himself or herself.
  2. If the judicial officer does not furnish a reply within the specified period or does not, in the opinion of the Chief Registrar or the responsible officer exculpate himself or herself, the Chief Registrar or the responsible officer shall forward to the Secretary a report on the case together with copies of the charges preferred against the judicial officer, his or her recommendations and the judicial officer’s reply if any.
  3. If, on consideration of the report, including the grounds, if any, upon which the officer relies to exculpate himself or herself, the Commission, is of the opinion that no further investigation is necessary, it may immediately determine the punishment, other than dismissal, which should be imposed on the judicial officer.
  4. If the Commission, on consideration of the report, is of the opinion that the matter should be further investigated, it shall inquire into the matter in a manner, as it deems necessary.
  5. Notwithstanding subregulations (1), (2), (3) and (4), if at any stage during proceedings taken under this regulation—
  1. it appears to the Commission that the offence if proved would justify

dismissal; or

  1. the Commission considers that if the offence is proved, proceedings for

the retirement of the judicial officer from the service on grounds of public interest would be more appropriate, the proceedings so taken shall be discontinued and the procedure prescribed in regulation 29 shall be followed.

  1. Disciplinary penalties which may be imposed by Commission
  1. Subject to the provisions of the Constitution, the Commission may impose any one or more of the following disciplinary penalties upon a judicial officer as a result of proceedings taken under these Regulations—
  1. dismissal;
  2. suspension;
  3. reduction in rank;
  4. order for a written undertaking from the officer not to repeat the offence;
  5. reduction in salary;

f) stoppage of increments;

  1. deferment of increments;
  2. severe reprimand;
  3. reprimand;

(j) order payment of compensation; or

(k) the 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.

  1. The Commission may make any order as to the recovery of costs.
  2. Nothing in this regulation shall—
  1. limit the powers conferred on the Commission by these Regulations to

retire a judicial officer from the service on grounds of public interest;

  1. restrict the authority of the Chief Registrar or the responsible officer,

subject to any instructions issued by the Treasury, to order the recovery of the cost or part of the cost of any loss or damage caused by any default or negligence; or

  1. restrict the authority of the Chief Registrar or the responsible officer to

recover from the salary of any judicial officer who has been absent from duty without leave or without reasonable excuse, after giving to the judicial officer, where practicable, an opportunity to be heard, an amount which bears the same proportion to his or her annual salary as that period of absence bears to one year.

  1. Termination of temporary or probationary appointments
  1. If, in respect of a judicial officer appointed on temporary or probationary terms, the Commission is satisfied upon—
  1. any adverse information or report of the work or conduct of the judicial

officer; or

  1. any representations by the officer that the work or conduct of the judicial

officer is unsatisfactory,

the Commission may recommend that the appointment of the officer be terminated immediately.

  1. In this regulation, “temporary appointment” includes an appointment or arrangement made under regulation 17 for the purpose of training a candidate for a judicial post to which these Regulations apply.
  1. Report of unsatisfactory conduct of officer serving on contract

(1) If the Chief Registrar or the responsible officer considers that the conduct of a judicial officer who is serving on contract is unsatisfactory, he or she shall make a report to that effect to the Secretary and the Commission shall determine what action, otherwise than in accordance with the terms of the contract, should be taken regarding the officer in respect of whom the report has been made.

  1. Nothing in this regulation shall affect the power of the Commission to terminate any contract in accordance with a term or condition contained in the contract.
  1. Retirement in the public interest
  1. Notwithstanding the Judicial Service (Complaints and Disciplinary Proceedings) Regulations, 2005, if the Chief Registrar, the responsible officer or the Commission considers that a judicial officer should be retired from the judicial service in the public interest, the Chief Registrar or the Commission may—
  1. obtain from the responsible officer of every Ministry in which the judicial

officer has served reports as to the judicial officer’s work and conduct;

and

  1. allow the judicial officer an opportunity of considering the reports and of

showing cause why he or she should not be retired from the service.

  1. If the Chief Registrar or the responsible officer, after considering the judicial officer’s statement and having regard to all the circumstances of the case, is of the opinion that the judicial officer should be retired in the public interest from the judicial service he or she shall forward to the Secretary the reports obtained under paragraph (a) of subregulation (1) together with his or her recommendations and the statement of the judicial officer.
  2. The Commission shall determine the action, if any to be taken against the judicial officer.
  3. Upon consideration of the reports about the judicial officer, the Commission may retire the judicial officer in public interest.

Part V—Miscellaneous

  1. Commission to commence proceedings on its own
  1. The Commission may, on its own, commence disciplinary proceedings against a judicial officer.
  2. The Commission shall inform the Chief Justice before instituting disciplinary proceedings against a judge or the Chief Registrar; and in the case of any other judicial officer, the Commission shall inform the Chief Registrar or the responsible officer.
  1. Relevant documents to be submitted

Any officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents 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.

  1. Documents to be submitted in triplicate

All documents to be submitted for consideration by the Commission shall be forwarded in triplicate unless otherwise directed by the Secretary.

  1. Service of documents

(1) Where, under these Regulations—

  1. it is necessary to serve any notice, charge or other document upon a

judicial officer; or

  1. it is not possible to effect service of notice on or communicate such

information;

the notice, charge or other document shall be sent to the judicial officer by registered post at his or her last known address and time shall begin to run from the day the letter is registered at the post office.

  1. Service may be effected through advertisement in the newspapers as circumstances may warrant.
  1. Correspondences

All correspondence and documents for the Commission shall be addressed to the Secretary.

  1. Consent to prosecution

A prosecution in a court of law in respect of any offence under these Regulations shall not be instituted except with the written consent of the Director of Public Prosecutions.

  1. Cases not otherwise provided for

Any case not otherwise provided for by these Regulations shall be reported to the Secretary and the Commission shall determine the procedure to be adopted.

  1. Revocation of S.I No. 22 of 1989

The Judicial Service Commission Regulations, 1989 are revoked.

SCHEDULE 1


OATH OF MEMBER OF THE JUDICIAL SERVICE COMMISSION

I, ...................................................................... , being appointed chairperson/member of

the Judicial Service Commission swear in the name of the Almighty God/solemnly affirm that I will well and truly exercise the functions of chairperson/member of the Judicial Service Commission in accordance with the Constitution and the laws of the Republic of Uganda without fear or favour, affection or ill will. (So help me God).

SCHEDULE 2

Regulation 10(3)

OATH OF SECRETARY OR OFFICER OF THE JUDICIAL SERVICE COMMISSION

I, ........................................................... , being appointed secretary to/officer of the

Commission, being called upon to perform the functions of secretary to/officer of the commission, swear in the name of the Almighty God/solemnly affirm that I will not directly or indirectly reveal to any unauthorized 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).

HON. JUSTICE SETH MANYINDO, Chairperson, Judicial Service Commission.