Chief Justice calls for amendment of retirement age for judges 

Chief justice Alfonse Owiny-Dollo has called for a national dialogue to review the retirement age for judicial officers, emphasising the need to retain their invaluable experience.

Speaking at the swearing-in ceremony of his deputy, Dr Flavian Zeija, at State House Entebbe, Owiny-Dollo argued that mandatory retirement at 70 deprives the judiciary of seasoned expertise.

“I was 65 years old four years ago; had I retired then, it would have been a waste. In judicial work, experience is invaluable,” he said.

Owiny-Dollo, who began his judicial career as a High court judge in 2008, served at the Court of Appeal and was appointed deputy chief justice in 2017 before becoming chief justice in 2020.

He is set to retire on January 18 next year, upon turning 70, the retirement age for justices of the Court of Appeal and Supreme court. High Court judges retire at 65.

President Yoweri Museveni, who presided over the event, praised outgoing deputy chief Justice Richard Buteera for his 44 years of service and congratulated Dr Zeija on his new role.

Museveni welcomed Zeija’s commitment to legal reform, particularly on inheritance and land disputes, and criticized the current practice of channeling such matters through the Office of the Administrator General.

Zeija, in his speech, criticised the current practice of directing families involved in disputes, particularly those concerning the estates of deceased persons, to the Office of the Administrator General.

“Justice must reflect the lived realities of our people. As deputy chief justice, I will prioritize reforms that make justice more accessible, inclusive, and culturally relevant,” Zeija said.

Museveni echoed these sentiments, advocating for the revival of traditional dispute resolution systems, such as clan-led mediation.

“Why should people go through such unnecessary procedures to inherit property? In the past, clans handled such issues when there was no centralised authority. Today, if the law allows girls to inherit, provided it’s in a will or agreed upon by the clan, then we should incorporate that into the law,” he said, blaming historical political instability for the erosion of such practices.

He mentioned the current practice of forcing families to go directly to the administrator general, describing it as unfair and disconnected from community traditions. Instead, he advocated for a revival of traditional dispute resolution systems, such as clan-led mediation.

“In Ankole, for instance, if a girl was unhappy in her marriage, the family would mediate. The man would be summoned, and a tribunal of both families would seek the truth. It wasn’t about taking sides, but about fairness and harmony,” Museveni said.

He cited a recent land dispute in Kiboga, where he personally intervened after a farmer, Badiru Mwanje, was evicted despite a court order maintaining the status quo.

“I was in Masindi on my tours when I saw on TV that a boy had evicted a man from a fully developed farm with permanent structures. I went to the scene myself and found armed men occupying the farm. The court had ruled to maintain the status quo but the status quo was established by the invader. How could that be?” Museveni said, urging the judiciary to investigate the magistrate involved.

He warned against individuals bypassing legal procedures, stressing that only the courts and the Ministry of Lands have authority over evictions.

Describing the act as unjust and elitist, the president called on the acting principal judge to investigate the magistrate involved in the case.

“Who authorised the eviction? This is not justice. I appeal to the judiciary to take this matter seriously,” he said.

President Museveni reiterated that even the head of state does not have power to evict someone without due process, stressing that such authority lies only with the courts and the ministry of Lands.

“Even if someone is in the wrong, I cannot evict them, I should open a case. Only the court can make that decision, and police simply enforce it. So how could the invader, without a court order, be granted the status quo?” he inquired.

Museveni also warned against the growing trend of individuals usurping state power and bypassing legal procedures.

“We must protect our people from injustice, especially when the system appears to side with the wrongdoer,” he added.

Chief Justice Owiny-Dollo also applauded Dr Zeija’s tenure as principal judge, describing him as a visionary leader with a strong work ethic.

He also lauded Zeija’s tenure as principal judge, highlighting his integrity, commitment, and strong work ethic.

“I had the privilege to work with him when he served as principal judge. He is a man who takes his assignments seriously and works with vision and determination to achieve results. Many may not know, but the real burden of the judiciary lies with the principal judge. I couldn’t have asked for a better colleague. Dr Zeija is dedicated, experienced, and always ready to deliver,” Owinyi-Dollo said.

Highlighting progress in expanding access to justice, Owiny-Dollo reported significant strides in increasing High Court circuits across Uganda.

“Following the swearing-in of new judges in March, we’ve expanded the High court circuits. For example, Wakiso district, with over two million people but no High court judge, now has operational circuits in Entebbe and Wakiso itself. We have also established courts in Lugazi and three in the Acholi region, including Patongo, which covers Agago and Abim,” he said.

He added that more circuits are planned in Ntungamo, Ibanda, Moyo, and Rakai, pending the next recruitment of judicial officers.

“What you have done for the judiciary is commendable, but there is still a need for enhancement in physical infrastructure, ICT equipment, transport for judicial officers, and overall institutional capacity,” he said.

Owiny-Dollo announced that Uganda will host the Chief Justices’ Forum in May, focusing on Alternative Dispute Resolution (ADR).

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