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Commercial Justice

February 17, 2021

The rule of law regulates economic activity, defines and affirms rights and obligations, therefore clarifying to investors the laws and institutional environment for doing business. Efficient and effective justice delivery is therefore fundamental for poverty reduction and inclusive growth.  Aware of the gains made during SIP I under the commercial justice reform program, and recognizing that under SIPII and III little effort was undertaken to leverage the gains under commercial justice, there was either stagnation or reversal of some of the gains. The Sector under SDP IV will implement the following strategic interventions to provide an enabling environment for productive activity, investment, and competitiveness. 

Strategic interventions:  

Reform and update laws to promote competitiveness and regional integration  

The Sector will review the legal framework for commercial justice and identify areas for law reform and development to address the needs of new, emerging, and changing areas of commercial business and practice. This will be aimed at providing a robust and supporting legal and policy framework for the growth and operation of new industries and business models as well as those areas that have been introduced to support Uganda’s interventions in regional integration.  

Strategies

a) Propose legislation in new and emerging areas of commercial justice 

b) Consolidate and make available all commercial laws

c) Simplify procedures 

d) Enforce existing commercial laws  

Strengthen business registries (URSB, DCIC, NIRA, NGO Bureau)  

Strategies will be implemented to enhance the efficiency of all the business registries, including measures to support integration for better communication between the various registries. This is intended to promote their effectiveness and the ability to adequately monitor and track the performance of various entities in order to provide them with appropriate support services. The Sector will further work towards greater automation to provide a customer-oriented service that promotes more efficient growth and operation of businesses. 

Strategies: 

a) Retooling and equipping 

b) Records management

c) Staff training and placement

d) Stakeholder sensitization 

 

Strengthen commercial and land dispute resolution processes and institutions 

Reforms in the area of commercial justice under SIP I and II placed the commercial justice institutions at the cutting edge of innovations in the region. Under the SDP IV the Sector will revive its efforts to build the Commercial Court as a Centre for Excellence in dispute resolution and will also strengthen the capacity and operations of the other commercial justice institutions to provide fast and effective dispute resolution in all the specialized areas and in the area of Alternative Dispute Resolution. 

Land justice disputes continue to take up a large proportion of the load in terms of case backlog in the civil arena and have been noted to contribute to several criminal matters, including murders, arsons, assaults, and trespass. The delay in disposal of this matter also means that vast assets a tied up in litigation for prolonged periods and therefore hinder economic development processes. Strategies will be employed to give particular attention to the disposal of land matters and to strengthen the institutions that are specialized in this field. 

 

Strategies:

a) Case management systems 

b) Roll out initiatives such as mediation, small claims, and land courts 

c) Review rules and procedures that cause delays

d) Review business processes 

e) Build capacity of duty bearers in commercial and Land justice and labor dispute resolution

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This Client Charter presents service commitments and obligations of the Ministry of Justice and Constitutional Affairs. The Charter covers the Mandate, Vision, and Mission of the Ministry, key result areas, medium-term commitments, performance standards, the Ministry’s clients, and their rights and obligations.

The feedback, complaints and appeal mechanisms, and monitoring and evaluation of performance against the Charter are also provided for.

1.1 Mandate

Provide legal advice and legal services to Government, its allied institutions, and to the general public and support the machinery that provides the legal framework for good governance.

1.2 Vision

A nation that upholds the rule of law, good governance, and due process for all.

1.3 Mission

To promote effective and efficient machinery capable of providing a legal framework for good governance and delivery of legal advice and services to the Government, its allied institutions, and the general public.

2.0  KEY RESULT AREAS

The key result areas of the Ministry are:-

  • A culture of constitutionalism and good governance for national prosperity;
  • An efficient and effective legal framework for legal advice and legal services to Government and Ministries, Departments, Agencies (MDAs), and Local Governments;
  • Representation of Government, its Ministries, Departments, and Agencies (MDAs) and Local Governments bodies in courts of law and Tribunals;
  • Respect for the rule of law and due process;
  • Legal protection through civil rights, business enterprises, and intellectual property titles;
  • Judicious management of estates of deceased persons, properties of minors, and persons of unsound mind in accordance with the relevant laws;
  • Fostering professional ethics in legal practice through regulation and control of advocates and supervision of legal aid service providers;
  • Creation of a professional human capital that is disciplined, loyal, impartial, dedicated, accountable, and financially credible to the public;
  • Collection and management of Government resources with integrity and transparency; and
  • Well drafted legislation capable of being read and understood by all concerned.

2.1     Principles and Values

The principles and values which will guide the implementation of this Charter are:-

  1. Compliance with policies, legislation, and standards

The staff of the Ministry shall comply with Government policies, legislation, and standards.

  1. Customer / Client Focus

The staff of the Ministry shall put the interests of the customers/clients of the Ministry as first priority and shall endeavor to meet their needs and expectations.

  1. Integrity

The staff of the Ministry shall exhibit integrity and shall not place themselves under any financial or other obligation to individuals or organizations that may compromise their professional conduct in the performance of their duties.

  1. Selflessness

The staff of the Ministry shall put public interest above personal interest (service above self).

  1. Partnership

The staff of the Ministry shall engage the partners of the Ministry in designing, implementing, monitoring, and evaluating the programs of the Ministry.

  1. Optimal use of resources

The staff of the Ministry shall optimally use the available resources in the attainment of the objectives and targets of the Ministry.

  1. Objectivity

The staff of the Ministry shall make decisions based on merit, professional codes, and other codes of good practice. 

  1. Transparency and accountability

The staff of the Ministry shall conduct their duties and provide services with truthfulness and sincerity.

  1. Professionalism

The staff of the Ministry shall adhere to the respective professional codes of conduct while executing their duties.

  1. Responsiveness

The staff of the Ministry shall respond to their clients effectively and efficiently whenever called upon.

  1. Impartiality

The staff of the Ministry shall provide services to all the Ministry clients without discrimination on grounds of sex, race, color, ethnic origin, birth, creed or religion, social or economic standing, political opinion, or disability.

  1. Teamwork

The staff of the Ministry shall promote the spirit of teamwork in executing their duties.

 

3.0 COMMITMENTS TO CLIENTS

The Directorates and Departments of the Ministry commit themselves as follows:-

 

4.0 DIRECTORATE OF THE ADMINISTRATOR GENERAL AND PUBLIC TRUSTEE

 

The mission/mandate of the Directorate is; “To ensure that estates of deceased persons, missing persons and persons of unsound mind, are administered in accordance with the Succession Laws in Uganda.”

The Directorate shall-

  • On receipt of a death report, open a file within one day, upon payment of shs. 2000 for a file and a form;
  • Resolve family wrangles and disputes expeditiously;
  • Administer estates of deceased persons, missing persons, and persons of unsound mind in accordance with the succession laws;
  • Represent the Administrator-General in courts of law, tribunals, and other agencies;
  • Issue Certificates of No Objection to intending administrators (Identified from among the beneficiaries at family meetings held at the office of the Administrator-General or his or her agents) within nineteen days of application.
  • Institute legal proceedings against intermeddlers and fraudulent administrators of deceased persons’ estates;
  • Manage estates of deceased persons, missing persons, properties of minors, and people of unsound mind in accordance with the Public Trustees Act Cap. 161;
  • Effect payments to beneficiaries within one week of receipt of the request; and
  • Issue land transfers to the appropriate beneficiaries within five days, upon payment of a fee of 1.5% of the value of the property.

 

 

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