Judicial commissioners earn Shs10m more than judges

The Judicial Service Commission (JSC) has paid four of the commissioners working part-time a total of Shs529.2m as arrears for nine months, beginning July last year after court ordered the payment, Sunday Monitor has learnt.
The commissioners in question were previously paid a retainer of Shs4.5m per month, which was raised to a salary of Shs19.2m last year.

In paying the arrears since July last year, Dr Rose Nassali Lukwago, the JSC permanent secretary (PS), said the Shs4.5m which had continued to be paid to each commissioner was deducted, meaning that each of them pocketed Shs132.3m in arrears.
The part-time commissioners will now earn about Shs10m more than the judges, who serve full-time in the courts of law.
In the Judiciary, only the Chief Justice, who earns Shs20m, is paid more than the part-time members of the JSC.

The Deputy Chief Justice Justice pockets Shs18m; Principal Judge earns Shs10m; the Solicitor General Shs15.4m; while the Justices of Supreme Court are paid Shs9.6m and those of Court of Appeal Shs9.3m.
High Court judges earn Shs9m; Chief Registrars Shs5m and the Chief Magistrate at the level of Commissioner earns Shs2.8m.
Dr Lukwago had for months resisted orders to make the payments, causing a rift between her and Maj Gen Kahinda Otafiire, the Justice and Constitutional Affairs minister.

At the time of polling ropes between Gen Otafiire and Dr Lukwago on whether to effect or not to effect the enhancements, the Minister told this newspaper that there was no way the JSC permanent secretary and Ministry of Public Service can halt a lawful payment because the said salaries were appropriated by Parliament.
“Why are you asking me how I run my department? Parliament appropriated money to pay those commissioners. Appropriation by Parliament is an Act of Parliament, which is law,” Gen Otafiire said.

He said the only way Public Service can reverse those enhancements is by returning to Parliament with a Bill to repeal the Appropriation Act.
Speaking to Sunday Monitor on Friday, Dr Nassali said she has since complied with the order of court and each of the four part-time members of the JSC has been paid their arrears.
“I have implemented the court order and paid the commissioners their money in arrears with effect from July 1, 2018, when the enhancements were effected. I respect the court ruling,” Dr Lukwago said.
A row then erupted as to whether the four commissioners in question, by virtue of being part-time members of the JSC, were entitled to a salary. Amid the back-and-forth on whether the part-time commissioners were entitled to a full salary or not, two of the commissioners went to court.

The part-time commissioners are Ms Mary Nyakikongoro, Ms Christine Amongin Aporu, Ms Norah Matovu Winyi and Ms Ruth Sebatindira. Out of these, it is Ms Aporu and Ms Nyakikongoro who filed a suit in the High Court over non-payment of their enhanced emoluments.
The full-time members of the commission are Justice Benjamin Kabiito (chairman) Justice Faith Mwondha (vice chairperson), Attorney General William Byaruhanga and Dr Laban Nnini Kirya (ex-officio), who are not part of the payment because they are already drawing a salary as public servants.

In his ruling on April 10, Justice Andrwe Bashaija of the Civil Division of the High Court, declared that part-time members of the JSC are members of the full commission within the law and are entitled to full emoluments and all other benefits as set out in the wage enhancement package approved by Parliament in the Appropriations Act 2018.
Justice Bashaija ruled that it was improper, irrational and illegal for the secretary to the JSC not to act in accordance with the opinion of the Attorney General (AG), who is by law the principal legal adviser of government.

She was faulted for failure to respect the Appropriation Act (2018), which passed the said enhancements and instead moved to honour a Cabinet decision to the contrary.
“An Act of Parliament supersedes Cabinet decisions, resolutions or circulars. A Cabinet resolution has no force of law. It cannot amend any provision of law enacted by Parliament, which has the sole constitutional mandate and power to make laws,” Justice Bashaija ruled.
The Judicial Service Commission is charged with recruiting and regulating the performance of the judicial officers, who include justices, judges, and magistrates.

Members of the Judiciary we spoke to for this story, who asked not to be named because they said they said their judicial policy prohibits them from commenting on such matters, were uneasy about individuals serving on the JSC on a part-time basis earning more than them.
The Judiciary has for many years faced the challenge of case backlog, with judicial officials saying they are overworked. During the judges conference earlier this year, President Museveni said the government would not honour the Judiciary’s request to increase the number of judges because there is no money, which caused angry reactions from the Judiciary.

Ordinarily, the JSC sits twice a month, whereas the different committees on which different members sit are supposed to sit any time when there is a matter to handle. For each sitting, the commissioners are paid Shs1m sitting allowance.
This means the two mandatory monthly meetings, each of the four part time members will have topped up Shs2m on the now Shs19.2m.

Other commissions
The commissions. The government of Uganda has four commissions charged with the recruitment of civil servants - the Judicial Service Commission; Education Service Commission; Health Services Commission; and the Public Service Commission. All these commissions were set up by the provisions and articles of the 1995 Constitution.

Membership. Information available to Sunday Monitor is that the Public Service Commission, Health Service Commission, and Education Service Commission have full-time members, who earn monthly salaries.
Emoluments. But despite working on part-time basis, members of the JSC will now earn about Shs6.2m more than their counterparts who work full-time on the other commissions.
According to the new government salary structure, the chairpersons of other Commissions earn about Shs17m, whereas the members who are all full-time on a term of four years, earn about Shs13m.

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