Uganda Country Profile
Judicial System
Individual Corruption
According to Transparency International Global Corruption Barometer 2010 and the Inspectorate of Government 2008, household respondents perceive the judiciary to be highly corrupt. Continuing complaints commonly involve allegations of abuse of office, delays in service delivery, bribery, extortion and mismanagement. Bribery of court officials is common, and one of the main reasons why the public tends to avoid using the courts. Judicial decisions are frequently biased and based on ethnicity. The same report also states that corruption in the judiciary has mainly been committed by court clerks, taking advantage of a lack of knowledge of court procedures among the general public.
According to the Bertelsmann Foundation 2010, corruption in the judiciary is mainly prevalent in the lower courts, and the general public’s trust in the judicial system is especially low. Approximately one-third of the household respondents surveyed in Afrobarometer 2010 perceive most of the judges and magistrates to be corrupt.
Furthermore, according to Freedom House 2010, corrupt court officials sometimes extort bribes from defendants unjustly jailed through cases based on fictitious affidavits.
Business Corruption
According to the World Economic Forum Global Competitiveness Report 2010-2011, companies identify a lack of judicial independence in Uganda to constitute a competitive disadvantage. According to the US Department of State 2010, foreign companies have complained that the judicial system is subjected to political interference, and that some judges delay ruling on disputes involving politically-connected parties. Foreign investors should also note that the courts are significantly backlogged, which according to the US Department of State 2009, is caused by an inadequate judicial administration system and a lack of resources.
Political Corruption
Both Bertelsmann Foundation 2010 and Freedom House 2010 reveal that, while higher levels of the judiciary have displayed impressive levels of professionalism and independence, the lower levels of the judiciary suffer from cases of corruption as well as a lack of competence and experience.
The judiciary is frequently overruled and intimidated by politicians, and the appointment of national-level judges is increasingly a highly politicised process. According to Global Integrity 2009, in practice, judges are not sufficiently protected from the influence of the executive and political interference. In fact, appointments are sometimes based on political affiliation.
During 2009, several higher and lower level magistrates were charged with corruption and abuse of office. One of them, Moses Ndifuna, was convicted of abuse of office and passive corruption. Ndifuna was sentenced to two years' imprisonment but was released on bail, pending the hearing of his appeal, as reported by the US Department of State 2009.
According to Global Integrity 2009, in principle, all national level judges have to disclose and update their personal asset records which are open to the general public. However, the cost to access these records is very high and therefore not affordable for average Ugandans.
Frequency
The World Bank & IFC: Doing Business 2011:
- It takes an average of 38 procedures to enforce contracts over a process of 490 days and at a cost of 45% of the claim.
World Economic Forum: The Global Competitiveness Report 2010-2011:
- Business executives give the judiciary's level of independence from influences of members of government, citizens, or companies a score of 3.4 on a 7-point scale (1 being 'heavily influenced' and 7 'entirely independent').
- Business executives give the efficiency of the legal system for private companies to settle disputes and challenge the legality of government actions and/or regulations a score of 3.7 on a 7-point scale (1 being 'extremely inefficient' and 7 'highly efficient').
US Department of State: Investment Climate Statement - Uganda 2010:
- 80% of commercial disputes are resolved through alternative dispute resolution.
Transparency International: Global Corruption Barometer 2010:
- Citizens give the judiciary a score of 3.9 on a 5-point scale (1 being 'not at all corrupt' and 5 'extremely corrupt').
- 58.5% of households who had contact with the judiciary in 2009 report to have paid a bribe.
Transparency International: East Africa Bribery Index 2010:
- The Judiciary is ranked as the fifth most corrupt institution in Uganda, out of 28 institutions in the country.
-The average size of bribe reported as paid by a household respondent is UGX 316,679.
-Of all the bribes reportedly paid by the household respondents, nearly 7% was paid to the judiciary.
Afrobarometer: Summary of Results Uganda 2010:
- 50%, 33 and 6% of the respondents in this household survey considered some, most or all of the judges and magistrates to be corrupt.





