1. ESTABLISHING A SMALL CLAIMS PROCEDURE IN UGANDA – KEY FINDINGS
BY JUSTICE GEOFFREY KIRYABWIRE

2. OBJECTIVE OF PRESENTATION
Present a case for the establishment of a small claims procedure (SCP) in Uganda
Presents the key “nuts and bolts”/features of such a procedure
Present the key recommendations for its establishment

3. Is there need for a SCP in Uganda?
Constitutional mandate Article 126 (1)
Judicial power to be exercised in conformity with the law and with the values, norms and aspirations of the people
Fast, efficient and effective justice system

4. Is there need for a SCP in Uganda?
2. Prior Commissioned studies
The Uganda commercial justice baseline study, 2001
ULRC study on small claim
Kiryabwire concept paper 2004
CJRP study on civil procedure 2006
3. Call from the executive branch

5. Defining a small claim Ug Shs 5,000,000/= 2. Subject Matter
1. Pecuniary Jurisdiction
Ug Shs 5,000,000/=
2. Subject Matter
-Civil cases (commercial, debt recovery, landlord/tenant, negligence? )
- All but emphasis on low income and SMEs

6. Organisational structure
Operate as a track within the Magistrates courts
Have its own registry
Presided over by a Commissioner who may be a Magistrate grade 1, Justice of the peace and or an Advocate of 7 years experience
Have a code of conduct

7. SCP – annexed mediation
Suitable cases to be referred to independent mediation by court accredited mediators/institution mediation?
Successful settlements to be recorded as consent judgments

8. Procedural features All parties to appear in court with witnesses
Hearing to be handled expeditiously, informally without undue regard to technicalities but embracing rules of natural justice
Evidence to be taken on oath but no cross examination without leave of court.

9. Procedural features
Parties to represent themselves or use a legal aid scheme
Advocates for a fee to be discouraged
No costs rule (each party to bear own costs)
Court fees and other expenses allowed by court to be paid and or reimbursed
Default judgment for non attendance of defendant

10. Procedural features
Judgment to be given immediately after hearing but where not possible then on another clearly specified date
Enforcement of judgement will be in the normal way
No appeal allowed but review before chief Magistrate for
Lack of jurisdiction
Bias by commissioner
Gross irregularity or lack of fairness

11. Rec. 1. Financial and Human Resources
Need adequate resources financial and human
Importance of sustainable funding
- Case study of Zambia (1994)
Financial budget to be subject of a separate study

12. Rec. 2. Political and Institutional Support
Policy statements/ practice directions in support
Hosting of SCP
Payment of man power expenses etc
Amendment/enactment of laws and rules

13. Rec. 3. Education and Training
Promote SCP among stakeholders i.e. public, bench, bar, mediators, legal aid providers
Create a SCP manual, training videos etc
Recommend a Study tour of SCC in South Africa

14. Rec. 4. SCP Programme administration
Dedicated oversight of programme
- Monitoring and evaluation with mid term review
Outreach programmes to target groups
- Colorado experience
Pilot project of 2 years

15. Rec. 5. Stakeholder involvement
Through User Committees
Bar / Bench Committees
Pro bono credit for law society mediators etc
Reduced fees for Advocates appearing in SCC