Judicial officers want permanent secretary Pius Bigirimana out of office

Judicial officers’ petitions court seeking court’s order to compel its judicial permanent secretary Pius Bigirimana to vacate

In just less than five months serving as the Permanent Secretary to the Judiciary, Judicial officers’ under their umbrella body of the Uganda Judicial Officers’ Association (UJOA) have filed a petition before High Court in Kampala, wanting Pius Bigirimana out of office.

Bigirimana was transferred to the Judiciary from the Ministry of Gender, Labour and Social Development replacing Kagole Kivumbi who was fired, in July this year.

Judicial Officers say Permanent Secretary’s office in the Judiciary is illegal, therefore, they are seeking court’s orders to compel Bigirimana, the Permanent Secretary to the Judiciary to leave that office with immediate effect.

UJOA states that the judiciary is not a government department neither is it a ministry to have a permanent secretary.

It adds that Judiciary is an arm of government, so as a result, it’s not meant to have a permanent secretary as per section 10 of the Public Service Act and Article 174 of the Constitution of Uganda.

Judicial officers filed the petition on Monday 21, October 2019, contending Bigirimana’s appointment as the Permanent Secretary to the Judiciary by President Museveni saying it’s illegal, improper, against the law and irrational. 

“A declaration that the appointment and transfer of the respondent’s officer (Bigirimana) as the permanent secretary to the judiciary by His Excellency the President who is also represented by the respondent, to implement policies of government as illegal, ultra vires and irrational and is jeopardising the independence of government nor a ministry,” the judicial lawsuit stated.

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“An injunction under Section 38(2) of the Judicature Act that the permanent secretary should vacate immediately as the Judiciary is neither a ministry nor a government department to have a permanent secretary as per Article 174 of the Constitution, Section 10 of the Public Service Act, but should be treated as independent as provided under Article 123 of the Constitution.”

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Judicial officers’ salaries were increased by almost 100% in 2019/2020 financial year that began in July, including their allowances.

However, Pius Bigirimana on the 27, August 2019, wrote and sent an internal Memo to the Judicial Officers indicating an error in the increment done on their allowances.

“I have noted that there has been an error in the monthly judicial allowances paid to the lower Bench, which has been inconsistent with the figures approved by Cabinet Extract No.19. the error was due to the automatic increase of the judicial officers’ allowances on the Integrated Personnel and Payroll System by the Ministry of Public Service every time there is salary enhancement for the lower Bench,” the Memo stated.

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“The purpose of this memo, therefore, is to correct the error and clarify that the monthly salary and judicial allowance entitlement are not one and the same. While the salary may increase over time, this allowance is fixed as approved by the cabinet,” Bigirimana added.

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Nevertheless, Lower Bench Judicial Officers particular, led by the UJOA Vice President, Stella Gloria Atim opposed the move to alter their allowances increment saying it’s illegal, a matter that has now ended up in courts of law.

“There is no lawful order or directive of any person that can be issued to alter or vary any allowances or salaries of judicial officers to their disadvantages,” Atim said.

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UJOA petition also included other welfare issues such as the deployment of Judicial Officers to duty stations before paying them their settlement allowances, to be revised. According to UJOA, the practice is against the public service standing orders.

They also seek revision on the current practice of kilometrage allowance for each judicial officer to be paid per distance, not as the standard figure.

UJOA is an association that unites all Judicial Officers in Uganda, purposely to form one voice that advocates for their welfare.

The association comprises of all Judges, registrars and magistrates from the Supreme Court to the lowest court in Uganda.