How small claims courts are making justice faster and fairer

Lira | The Small Claims Procedure introduced in Uganda in 2012 as a special-fast track mechanism to improve access to justice, especially for individuals and small businesses with civil claims of a monetary nature has made justice faster and fairer for the public.

In her address during the quarter 2 performance review for the Lira High Court Circuit, Assistant Registrar in charge of small claims procedures, Mulondo Mastula, noted that the procedure is designed to be simple, cost effective and expeditious, eliminating the complexities of legal representation while ensuring timely resolution of disputes.

“Since its inception, the initiative has been progressively rolled out across the country and its impact has been significant in enhancing judicial efficiency, reducing case blocking and improving public confidence in the justice system,” Mulondo revealed.

According to Mulondo, the highest volume of cases were recorded by Lira Chief Magistrates Court with 12 new fillings and 24 disposals thus reflecting a high level of activity.

She, however, noted that for every new case filed, the court was able to dispose of twice as many, a commendable feat in ensuring that case backlog does not accumulate.

“The effectiveness of this court is further reflected in the significant financial impact it has had on litigants; with UGX 65,183,750 shillings unlocked at the small claims level and UGX 67,054,498 shillings at the Demand Notice Level thus the court has facilitated the recovery of substantial amounts owed to claimants,” Mulondo explained.

Mulondo further explained that this is a strong indication that the Small Claims Procedure is fulfilling its core objective of providing quick, accessible and cost effective justice to the people of Lira.

“I encourage the Lira Chief Magistrate Court to build on this momentum by continuously improving efficiency and ensuring that every case is resolved within the prescribed timelines,” she added.

In Otuke Grade One Court, Mulondo revealed that six cases were brought forward and all were disposed of, hence reflecting a short case lifecycle and commendable efficiency in handling Small Claims Procedures matters.

This publication has learnt that the ability to dispose of all cases within the reporting period without any backlog is a remarkable achievement and it suggests that the court is not only efficient in scheduling hearings but also proactive in ensuring that cases do not remain unresolved beyond the set period.

“Otuke’s performance should serve as a model for other courts, particularly those struggling with long case lifecycles and increasing pending matters. We should assess what factors contribute to Otuke’s success be it proper case management, judicial commitment or active participation by litigants, and we should all aim to replicate these best practices in other courts,” Mulondo noted.

On the other hand, Mulondo revealed that the success of the Small Claims Procedure also had a high registration rate with 17 new cases filed, however, with only one case disposed of the backlog remains a concern.

To Mulondo, while the high number of fillings indicates that litigants in this area have embraced the initiative the low disposal rate suggests inefficiencies in processing cases with pending caseload of 19 cases meaning that justice is being delayed and it undermines the fundamental objective of Small Claims Procedure.

“We must interrogate the reasons behind this slow disposal rate, whether it is due to resource constraints, scheduling challenges or procedural bottlenecks, and devise strategies to ensure timely case resolution,” she noted.

“If necessary capacity building initiatives or additional support from us should be considered to enhance efficiency in Apac Chief Magistrate Court,” she stated.

Despite the successes of the Small Claims Procedure, Mulondo explained that there has been stagnant case lifecycle and unresolved cases remain in the system longer than necessary and lack of activity raises concerns about access to justice, judicial efficiency and case backlog management in the jurisdiction as has been witnessed in Alebtong Chief Magistrate’s Court.

“For Dokolo, Amolatar, and Apala Grade One Courts, no new case filings were recorded and this absence of filings may suggest low public awareness or accessibility issues related to the Small Claims Procedures (SCP); the effectiveness of SCP promotion in these areas is questionable thus requiring targeted outreach to ensure that communities are aware of and utilize the system,” she noted.

She further explained that Anyeke (Oyam), Aboke (Kole), and Aduku Magistrates’ courts failed to submit data hence creating gaps in performance assessment and revealed that without timely and accurate data, it is difficult to monitor case trends, identify bottlenecks and make informed decisions.

Therefore, she urged the courts with low filing rates to collaborate with local leaders and legal aid service providers to enhance awareness of SCP benefits and commit as a registry to fund those activities whenever funds allowed.

“You can also utilize your daily court sittings to inform court users about the initiative; this does not need the availability of funds, it’s free, yet very effective in spreading awareness,” Mulondo noted.