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Judiciary Considers Enlarging Chief Magistrates Jurisdiction In Trial of Defilement Cases

Speaking at the launch of the Justice4Her project at Masaka High Court, a new initiative aimed at increasing access to quality essential justice services for women and girls who suffer violence, Justice Zeija noted that they are considering the possibility of allowing Chief Magistrates to try certain sexual offenses.
15 Mar 2025 09:27

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The judiciary may expand the jurisdiction of Chief Magistrates' Courts to allow them to try defilement cases, the Principal Judge and Deputy Chief Justice designate, Flavian Zeija, has revealed.  

Speaking at the launch of the Justice4Her project at Masaka High Court, a new initiative aimed at increasing access to quality essential justice services for women and girls who suffer violence, Justice Zeija noted that they are considering the possibility of allowing Chief Magistrates to try certain sexual offenses.  

He observed that many cases of sexual abuse, a form of gender-based violence, take too long to be determined due to the limited jurisdictions of trial courts, which necessitates adjustments in the current law.  

Currently, grave criminal cases such as defilement, rape, incest, and other sexual offenses are tried before High Court judges, who are vested with the power to adjudicate them by law. However, due to the limited number of High Court judges, these cases often stay in the system for long periods, contributing to the backlog and violating the principle of an expedited trial, which ensures victims receive timely justice.  

As a result, Justice Zeija explained that, as part of the advocacy and policy reform proposals to strengthen the implementation of existing laws, suggestions to enlarge the jurisdiction of Chief Magistrates' Courts have emerged from various corners within the judiciary.  

According to him, the debate is valid given the current circumstances, which demand administrative deterrence against sexual offenses in the community. He indicated that the proposal will be thoroughly deliberated upon.  

//Cue in: “we have legal awareness….  

Cue out: ….cases as they happen,”//  

Justice Zeija issued a stern warning to police investigators and state attorneys who deliberately connive with culprits to frustrate trials of sexual and gender-based violence cases, stating that such individuals will face serious repercussions for their insincere conduct.  

He urged Civil Society actors, as well as Probation and Social Welfare Officers in local governments, to support the effective trial of sexual and gender-based violence cases by helping courts trace victims and witnesses to avoid lost contacts that often lead to failed prosecutions.  

//Cue in: “Probation and Social Welfare…..  

Cue out: …..how some cases are lost.”//

 

Pamella Lamunu Ocaya, the Acting Masaka High Registrar, observed that in addition to having speedy trials for GBV cases, the local leadership in the Masaka High Court circuit needs to implement vigorous interventions to reduce the prevalence of violence against women and girls.  

She pointed out that the greater Masaka sub-region records very high numbers of sexual offenses, adding that it is high time the leadership and other stakeholders took deliberate actions to sensitize communities and curb practices that violate girls and women.  

Records at the Masaka High Court Registry show that out of 1,260 criminal cases committed for trial, 565 (44.8%) are GBV cases.  

Similarly, the 2024 annual Police Crime Report indicates that the country registered 12,312 defilement cases, with some regions showing a concerning trend that has persisted over consecutive years.  

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