In Uganda many people think that all courts of Judicature are presided over by judges, which is not true because they are of different categories.
Some may think that a magistrate and a judge are the same well as in actual sense they are not, and mixing them up shows a lack of understanding of how our courts really work.
A magistrate sits at the Magistrate Court, which is a lower court. Their powers are limited both by subject matter and by money. For civil cases, a magistrate can only hear disputes below 50 million shillings and below.
In criminal cases, a magistrate only handles lighter offences like assault, petty theft, or minor fraud. Serious offences such as murder, armed robbery, or kidnapping are beyond their power.
The accused persons accused of capital offences will just have to be informed by the Magistrates Court the case against him, understand the level of investigation and then be remanded pending committal to High Court. An accused can’t accept or deny the charge (capital in nature) while in Magistrates Court.
A judge, on the other hand, sits at the High Court (and higher courts). Their powers are wider. A High Court judge can hear civil disputes running into hundreds of millions or even billions of shillings. They also try serious criminal offences, including those that carry life imprisonment or even the death penalty.
In Uganda High Courts are said to be having Unlimited jurisdiction.
In terms of dressing, Judges have red gowns and always put on wigs on their heads, well as the Chief Magistrates always put on a black gown wherever they are on official duties.
Don’t confuse the two. In law, the title “judge” is reserved for higher courts. A magistrate plays a vital role, but they are not judges.
We have Grade one Magistrates, Grade two Magistrates and the Chief Magistrates (who heads the station in most cases).
