The Benedicto Kiwanuka lecture series symbolizes durability and strength, an awakening to our key role in upholding the power and sovereignty of the people as per Article 1 of the Constitution.
Ben Kiwanuka's killing was the first of a series, aimed at curbing growing power centres within Buganda and Ankole, perceived by Idi Amin as a threat to his rule. As you may know, on September 21, 1972, he was whisked away from his chambers at the High court by armed government forces, allegedly for making a decision that did not please the president and was never seen again.
Makerere University too, where I work, was not spared. This great institution lost our first African vice chancellor, Frank Kalimuzo, under brutal death. He was abducted and killed on the orders of President Amin in 1972, on allegations that he was working for Obote to destabilize a government which had just taken power.
The steps left by these great men to do the right thing should keep inspiring us.
A PEOPLE-CENTERED APPROACH TO JUSTICE
People-centered justice is a rule-of-law approach. The latter is a common golden thread in the fabric of every liberal democracy which serves as a "basic value and a foundation of good governance". It protects many if not all of the core underlying values that allow for a functioning liberal society.
As Geert Corstens writes, "we know of no better model than a democracy under the rule of law to achieve that aim".
A people-centered approach to justice prioritizes the perspectives, needs, strengths and expectations of justice users to enhance the quality of justice and mitigate barriers to service delivery. Some scholars have called it user-friendly justice. In essence, it means putting people at the center of everything done by all players in the administration of justice.
PEOPLE-CENTERED APPROACH TO JUSTICE:
An Institutional Approach
For a while now, efforts have been made to improve access to justice across the country, both physically and functionally. There has been an increase in justice service delivery points, with investment primarily targeting building more courts, training, and recruitment of more judges, prosecutors, lawyers and law enforcement agencies.
Indeed, the Ugandan judiciary has taken significant steps in this direction. As at January 11, 2024, the Ugandan judiciary is comprised of 102 justices and judges, 78 registrars, and 472 magistrates, totaling 652 judicial officers. Besides the recruitment of more judicial officers, new High court circuits have been created. This is commendable as services are brought nearer to the people.
These steps have also translated into some laudable statistics. During the FY 2022/23, courts completed 63% of the total caseload of 422,672 cases and on average, completed cases faster by almost six months (177 days) compared to FY 2021/22.
Additionally, the age of uncompleted cases in the courts has declined over the last three financial years, with only 14.25% of uncompleted cases ageing five years and older as at the end of June 2023, compared to 16.73% as at the end of June 2022.
This speaks to efficiency in handling matters, which can be attributed to initiatives such as the electronic case management information system (ECCMIS), small claim procedure courts, plea bargaining and Alternative Dispute Resolution (ADR), where applicable. But even then, justice problems are ubiquitous and frequent, even when most people do not turn to lawyers and courts.
Therefore, rather than reinforcing institutions, a people-centered justice policy focuses on understanding people's justice needs and transforming justice institutions and other services to meet those needs. To what end?
To build knowledge that justice serves people's needs and enables them to feel more protected and to resolve their disputes in a more sustainable way. There is, therefore, a need for a paradigm shift to a more transformative, user-friendly-based approach that puts the users at the center of justice.
PEOPLE-CENTERED APPROACH TO JUSTICE:
A People Centred Approach
Whilst there is a lot to be celebrated, we also use this opportunity to draw upon our achievements in order to help us frame our understanding for the present and the future, and indeed that, I believe, is the purpose of our conversation today.
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And while I may not propose the solutions to all our justice dilemmas, recognizing and owning them as challenges is a step in the right direction. I will highlight a few issue.
In conclusion, the memory of Benedicto Kiwanuka must not only become a treasure for us to keep and remember with fondness. Rather, we must live up to his legacy of a fearless commitment to justice and the rule of law.
Therefore, the call upon us is to ensure a responsive justice system that is not only accessible physically and through technology and human resource, but one that delivers fair and acceptable outcomes that enable people to move forward with their lives, their work and their businesses.
This is an abridged version of Dr Nampewo's address at the 7th Benedicto Kiwanuka Memorial Lecture on September 20, 2024.
The author is the Deputy Principal, School of Law, Makerere University
