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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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