The rule of law regulates economic activity, defines and affirms rights and obligations, therefore clarifying to investors the laws and institutional environment for doing business. Efficient and effective justice delivery is therefore fundamental for poverty reduction, and inclusive growth.  Aware of the gains made during SIP I under the commercial justice reform programme, and recognising that under SIPII and III little effort was undertaken to leverage the gains under commercial justice, there was either stagnation or reversal of some of the gains. The Sector under SDP IV will implement the following strategic interventions to provide an enabling environment for productive activity, investment and competitiveness.

Strategic interventions: 

Reform and update laws to promote competitiveness and regional integration 

The Sector will review the legal framework for commercial justice and identify areas for law reform and development to address the needs of new, emerging and changing areas of commercial business and practice. This will be aimed at providing a robust and supporting legal and policy framework for the growth and operation of new industries and business models as well as those areas that have been introduced to support Uganda’s interventions in regional integration. 

Strategies

a) Propose legislation in new and emerging areas of commercial justice 

b) Consolidate and make available all commercial laws

c) Simplify procedures 

d) Enforce existing commercial laws 

Strengthen business registries (URSB, DCIC, NIRA, NGO Bureau) 

Strategies will be implemented to enhance the efficiency of all the business registries, including measures to support integration for better communication between the various registries. This is intended to promote their effectiveness and the ability to adequately monitor and track the performance of various entities in order to provide them with appropriate support services. The Sector will further work towards greater automation to provide a customer-oriented service that promotes more efficient growth and operation of businesses.

Strategies: 

a) Retooling and equipping 

b) Records management

c) Staff training and placement

d) Stakeholder sensitisation 

Strengthen commercial and land dispute resolution processes and institutions

Reforms in the area of commercial justice under SIP I and II, placed the commercial justice institutions at the cutting edge of innovations in the region. Under the SDP IV the Sector will revive its efforts to build the Commercial Court as a Centre for Excellence in dispute resolution and will also strengthen the capacity and operations of the other commercial justice institutions to provide fast and effective dispute resolution in all the specialised areas and in the area of Alternative Dispute Resolution.

Land justice disputes continue to take up a large proportion of the load in terms of case backlog in the civil arena and have been noted to contribute to several criminal matters, including murders, arsons, assaults and trespass. The delay in disposal of these matter also means that vast assets a tied up in litigation for prolonged periods and therefore hinder economic development processes. Strategies will be employed to give particular attention to the disposal of land matters and to strengthen the institutions that are specialised in this field.

Strategies:

a) Case management systems 

b) Roll out initiatives such as mediation, small claims and land courts 

c) Review rules and procedures that cause delays

d) Review business processes 

e) Build capacity of duty bearers in commercial and Land justice and labour dispute resolution