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Constitution (Recusal of Judicial Officers) (Practice) Directions

Legal Notice 7 of 2019 Current version · as at 31 May 2019
Enacted2019
Commenced31 May 2019
Last amended—
Point-in-time consolidation · as at 31 May 2019. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

2 parts · 5 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Constitution (Recusal of Judicial Officers) (Practice) Directions

Commenced on 31 May 2019

[This is the version of this document at 31 May 2019.]

Part I

1. Title. |

These Practice Directions may be cited as the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019.

These Practice Directions apply to all courts of judicature.

The objectives of these Practice Directions are-

(a)

to promote adherence to Article 28 of the Constitution which enjoins the right to an independent and impartial hearing;

(b)

to promote the application of all cardinal principles of natural justice;

(c)

to promote uniformity and consistency on recusal among judicial officers;

(d)

to promote harmony between the Bar and the Bench, even where a member of the Bar alleges bias against a member of the Bench;

(e)

to avoid confrontations between counsel and judicial officers; and

(f)

to give guidance on recusal to judicial officers, counsel and unrepresented litigants.

In these Practice Directions, unless the context otherwise requires-

"actual bias" means the existence of a state of mind that leads to an inference that a person will not act with impartiality;

"apparent bias" means a scenario where a judicial officer is not a party to a matter and does not have an interest in

its outcome, but through his or her conduct or behaviour, gives rise to suspicion that he or she is not impartial;

"bias" means inclination or prejudice for or against one person or a group of persons especially in a way considered to be unfair; whether actual, imputed or apparent;

"imputed bias" refers to a situation where a judicial officer has a pecuniary (monetary) or proprietary (property related) interest in the decision he or she is charged to adjudicate, and includes a situation where a judicial officer has personal or non-pecuniary interests in a decision;

"judicial officer" means a Judge, Registrar or Magistrate;

"recusal" means the act of abstaining from participation in an official action such as a legal proceeding due to conflict of interest of the presiding judicial officer.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Title. |”.

“These Practice Directions may be cited as the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Title. |”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. "actual bias" means the existence of a state of mind that leads to an inference that a person will not act with impartiality;
  2. "apparent bias" means a scenario where a judicial officer is not a party to a matter and does not have an interest in
  3. "bias" means inclination or prejudice for or against one person or a group of persons especially in a way considered to be unfair; whether actual, imputed or apparent;
  4. "imputed bias" refers to a situation where a judicial officer has a pecuniary (monetary) or proprietary (property related) interest in the decision he or she is charged to adjudicate, and includes a situation where a judicial officer has personal or non-pecuniary interests in a decision;
  5. "judicial officer" means a Judge, Registrar or Magistrate;
  6. "recusal" means the act of abstaining from participation in an official action such as a legal proceeding due to conflict of interest of the presiding judicial officer.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

5. Recusal

Ajudicial officer may, on application by any of the parties or on his or her own motion, recuse himself or herself from any proceedings in which his or her impartiality will reasonably be in question.

=

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Recusal”.

“Ajudicial officer may, on application by any of the parties or on his or her own motion, recuse himself or herself from any proceedings in which his or her impartiality will reasonably be in question.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Ajudicial officer may, on application by any of the parties or on his or her own motion, recuse himself or herself from any proceedings in which his or her impartiality will reasonably be in question.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Circumstances for recusal by a judicial

officer on his or her own motion. (1) A judicial officer shall refrain from participating in any proceedings in which the impartiality of the judicial officer may reasonably be questioned.

(2)

Without limiting the generality of subparagraph (1), a judicial officer shall disqualify himself or herself from participating in any proceedings where-

(a)

the judicial officer has personal knowledge of the disputed facts concerning the proceedings; or

(b)

a member of the judicial officer's family is representing a litigant, is a party, or has an interest in the outcome of the matter in dispute which is the subject of the proceedings.

(3)

A judicial officer shall, on his or her own motion, recuse himself or herself in the following circumstances-

(a)

where it comes to the knowledge of the judicial officer before the date of the hearing that, for any reasonable cause, he or she cannot handle the matter, the judicial officer shall recuse him or herself and shall notify the parties and the matter shall be reallocated to another judicial officer; or

(b)

where it comes to the knowledge of the judicial officer during the course of the hearing that for any reasonable cause he or she cannot continue handling the matter, the judicial officer shall state, on record, the reasons for recusal, notify the parties, and return the file for reallocation to another judicial officer.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Circumstances for recusal by a judicial”.

“officer on his or her own motion. (1) A judicial officer shall refrain from participating in any proceedings in which the impartiality of the judicial officer may reasonably be questioned.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (2) Without limiting the generality of subparagraph (1), a judicial officer shall disqualify himself or herself from participating in any proceedings where-
  2. (a) the judicial officer has personal knowledge of the disputed facts concerning the proceedings; or
  3. (b) a member of the judicial officer's family is representing a litigant, is a party, or has an interest in the outcome of the matter in dispute which is the subject of the proceedings.
  4. (3) A judicial officer shall, on his or her own motion, recuse himself or herself in the following circumstances-
  5. (a) where it comes to the knowledge of the judicial officer before the date of the hearing that, for any reasonable cause, he or she cannot handle the matter, the judicial officer shall recuse him or herself and shall notify the parties and the matter shall be reallocated to another judicial officer; or
  6. (b) where it comes to the knowledge of the judicial officer during the course of the hearing that for any reasonable cause he or she cannot continue handling the matter, the judicial officer shall state, on record, the reasons for recusal, notify the parties, and return the file for reallocation to another judicial officer.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. _ Recusal at instance of parties
(1)

Any party to the proceedings may apply to court for a judicial officer to recuse himself or herself under the following circumstances -

(a)

where the judicial officer has an interest in the subject matter or has a relationship with any person who is interested in the matter;

(b)

where a judicial officer has background information or experience, such as the judicial officers prior work as a lawyer;

(c)

where a judicial officer has personal knowledge about the parties or the facts of the case;

(d)

where a judicial officer has ex parte communications with lawyers or parties to the case;

(e)

where a judicial officer makes inappropriate comments or exhibits unacceptable conduct in the course of the hearing; or

(f)

where a judicial officer has exhibited actual, imputed or apparent bias.

(1)

A party who seeks the recusal of a judicial officer under paragraph 7 shall, by letter copied to all the parties and the Registrar of the court or orally in open court in the presence of the parties, request the judicial officer to recuse himself or herself.

(2)

A judicial officer against whom recusal is sought under subparagraph (1), shall be given an opportunity to respond to the concerns raised by the party.

(3)

Where a judicial officer recuses him or herself, the parties shall be notified and an entry shall be made on the record and the file returned to the registry for reallocation to another judicial officer.

(4)

Where a judicial officer declines to recuse himself or herself, the reasons for declining shall be noted on the record and the matter shall proceed for hearing.

(5)

Where a party is dissatisfied with the decision of a judicial officer not to recuse himself or herself, the party shall state the reason(s) and the hearing shall continue.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “_ Recusal at instance of parties”.

“(1) Any party to the proceedings may apply to court for a judicial officer to recuse himself or herself under the following circumstances -”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

12
  1. (1) Any party to the proceedings may apply to court for a judicial officer to recuse himself or herself under the following circumstances -
  2. (a) where the judicial officer has an interest in the subject matter or has a relationship with any person who is interested in the matter;
  3. (b) where a judicial officer has background information or experience, such as the judicial officers prior work as a lawyer;
  4. (c) where a judicial officer has personal knowledge about the parties or the facts of the case;
  5. (d) where a judicial officer has ex parte communications with lawyers or parties to the case;
  6. (e) where a judicial officer makes inappropriate comments or exhibits unacceptable conduct in the course of the hearing; or
  7. (f) where a judicial officer has exhibited actual, imputed or apparent bias.
  8. (1) A party who seeks the recusal of a judicial officer under paragraph 7 shall, by letter copied to all the parties and the Registrar of the court or orally in open court in the presence of the parties, request the judicial officer to recuse himself or herself.

4 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Appeal.

Any appeal arising out of the failure to grant an application for recusal shall be made after the matter has been determined.

BART.M.KATUREEBE, Chief Justice and Chairperson, Rules Committee.

Cross References

The Constitution of the Republic of Uganda The Civil Procedure Act, Cap.71 The Civil Procedure Rules, SI 71-1. The Judicature Act, Cap.13 The Judicial Code of Conduct.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Appeal”.

“Any appeal arising out of the failure to grant an application for recusal shall be made after the matter has been determined.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Any appeal arising out of the failure to grant an application for recusal shall be made after the matter has been determined.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Civil Procedure Act Judicature Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 May 2019) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.