Why Case Backlog in Uganda’s Judiciary is a Pain that Must Be Dealt with Expeditiously

By Godfeey Kaweesa

In Uganda, the challenge of case backlog in the judiciary is an enduring problem that affects not only the efficiency of the justice system but also the lives of countless citizens waiting to resolve their legal issues. A backlog of unresolved cases leads to justice delayed, which often equates to justice denied. These delays undermine public confidence in the judicial system, exacerbate societal frustrations, and in extreme cases, encourage lawlessness as citizens lose trust in formal legal mechanisms. As a judicial officer, I have witnessed firsthand the toll that prolonged case delays take on individuals, families, and communities alike, emphasizing the urgent need to address this issue effectively.

The Scope and Causes of Case Backlog

Uganda’s judiciary currently faces a significant backlog across all levels of court, from the Magistrates’ Courts to the High Court and beyond. According to the 2021/2022 Annual Report by the Judiciary, there were thousands of cases pending, some having stretched over a decade. Many factors contribute to this backlog, including inadequate staffing, limited resources, administrative inefficiencies, and increasing caseloads.

For instance, Uganda’s judicial system is severely understaffed. With only a few hundred judicial officers serving a population of over 45 million, the capacity of the judiciary to handle cases expeditiously is stretched thin. In the rural districts, magistrates often juggle several jurisdictions, meaning they can only allocate limited time to each location, leading to further delays. Limited infrastructure and poor access to technology further hinder case processing, with courts still reliant on manual record-keeping in an era where digital case management systems could significantly improve efficiency. 

A lot of progress is being registered in this regard with the enactment of the Administration of Justice 2020 Act but a lot remains to be done. Reforms such as the creation of the Plea Bargain Program and the introduction of Small Claims Procedures have shown promise in reducing case backlog. Through plea bargains, thousands of cases have been settled quickly, particularly for petty offenses, which dominate Uganda’s criminal docket. However, such solutions often apply only to specific categories of cases and, as such, cannot independently eliminate the backlog problem.

Real-Life Implications of Case Backlog

The effects of case backlog extend far beyond mere delays. These unresolved cases represent real people and real lives hanging in a balance, often resulting in devastating personal, social, and economic consequences.

Impact on Pre-Trial Detainees

One of the most painful consequences of case backlog is its impact on individuals held in pre-trial detention. For example, a young man named Simon (a pseudonym for privacy) was arrested in connection with a minor theft in 2015. Despite his family’s limited means, they managed to secure legal representation, but Simon remained in prison for nearly four years awaiting trial. His case was repeatedly postponed due to a lack of available judges and administrative oversights. By the time he was acquitted, Simon had lost valuable years, his dignity, and opportunities to build a future. His story is just one of countless instances where individuals suffer needlessly, incarcerated for crimes they may not have committed, simply due to the inefficiency of the judicial process.

Civil Cases: Impact on Economic Stability

Case backlog also affects civil cases, particularly those involving land disputes, which are common in Uganda. Take the case of an elderly widow in Masaka whose land was fraudulently sold by her late husband’s relatives. She filed a suit to reclaim her property, but the case dragged on for over eight years due to frequent adjournments. The prolonged legal battle drained her financially, and with no resolution in sight, she could not use or sell the land, rendering her dependent on relatives for survival. Such cases illustrate how case backlog erodes economic stability, particularly in a country like Uganda, where land is a primary asset for most citizens.

Social Impact and Public Confidence

The ripple effects of case backlog also extend to the broader society. The inability to resolve cases promptly erodes public confidence in the judiciary, leading people to seek alternative forms of dispute resolution, some of which are illegal or violent. For example, there have been cases of mob justice in communities where citizens felt that reported crimes were not being addressed adequately. This distrust also creates room for corrupt practices within the judicial system as some litigants attempt to expedite their cases through bribery.

The case backlog in Uganda’s judiciary is a challenge that cannot be overlooked, and it demands urgent, systemic reform. Each case in the backlog represents a person waiting for justice, and each day’s delay has consequences that ripple through lives, communities, and society. By investing in human resources, embracing digitalization, and promoting ADR, the judiciary can build a more efficient and just system for all Ugandans. If we are to uphold the principles of justice, fairness, and the rule of law, reducing case backlog must be a top priority for all stakeholders. After all, justice delayed is indeed justice denied.

(For me information about thistopic, refer to “Dealyed Justice: Case Backlog in Uganda and the Right to Due Process” by Godfrey Kaweesa)