bailiffs

at kingdom radio this morning

Bailiffs in Uganda.

The Uganda Court.Bailiffs Association Stands with the Gallant members of the Bailiffs  community   by restoring hope and optimism. We also promote rationality and impartiality. Law Enforcement of court orders is all about service above self. We discourage ideas built on a resigned mind, skepticism, sadism, pessimism, Stoicism,  adamancy, rigidity and hopelessness. Positive attitude to work drives all of us towards achievement of our core goal which is TO BRING JUSTICE TO THE COMMUNITY say "Together for justice and rule of law in Uganda ".

COURT BAILIFFS

Does a Bailiffs a Trading license cover the Auctioneers license?
Bailiff are licensed by the Chief Registrar Of The High Court Of Uganda under a bailiffs Act while Auctioneers are licensed under the Auctioneers Act by Kampala Capital City Authority.

THE UGANDA COURT BAILIFFS ASSOCIATION

WHO IS A COURT BAILIFF?

 A court bailiff is an officer of court charged with the responsibility of executing court orders.

What does a bailiff do?

A bailiff executes all court orders issued by courts these include:

1.       Warrants of arrest.

2.       Warrants of attachment and sale of movable and immovable property.

3.       Warrants to give vacant possession.

4.       Certificates of distress for rent.

5.       Court emissaries.

6.       Financial institutions recoveries.

7.       Demolition orders.

8.       Order of delivery.

9.       Eviction order.

10.   Any recovery as ordered by court.

Who regulates bailiffs’ actions?

Uganda Court Bailiff Association is a body charged to monitor and ensure that bailiffs conduct their duties in a professional and reasonable manner, However all bailiffs are answerable to the High Court Registrar.

What type of case involves a bailiff?

The role of a bailiff is required mainly civil judgments against people who have failed to meet their obligations. However if a criminal cases also necessitates recovery of money or property bailiffs services are also required.

What area does a bailiff cover?

Bailiffs are appointed to execute all court orders emanating from all courts in Uganda.

How do you know if the person knocking your door is a court bailiff?

All bailiffs carry a valid identification card issued by the Uganda Court Bailiffs Association and signed by the Chief Registrar of the High Court. While on duty a bailiff must be able to produce them on request.

 What must you do if a bailiff comes to your home or work?

1.       Do not hide

2.       Trust the bailiff as a representative of the court

3.       Ask for proof of identification

4.       Listen carefully to the court bailiffs instructions

5.       Be sure to understand what you must do next.

 What rights do you have?

1.       A bailiff must treat you with dignity at all times.

2.       A bailiff must explain the contents of the document/court order and what you need to de next.

3.       A bailiff must as far as possible keep your private affairs confidential.

4.       Cooperate by either paying the sum on the warrant or go to court for further action.

5.       Do not interfere with the bailiff while they perform their duties.

6.       Do not give misleading information.

7.       Remember bailiff acts under orders from court if you do not follow the instructions you may be liable for prosecution and costs.

 

What rights does a bailiff have?

1.       When executing a court order a bailiff can:

2.       Enter your premises even when you are not there.

3.       Open any door, vehicles or piece of furniture on your premises as long as it is within court instructions.

4.       Attach, remove and sell your vehicle, furniture and movable or immovable property as per court order.

5.       A bailiff may not attach and remove necessary items such as food, beds, beddings clothes etc.

There are also limitations on other things, such as tools of trade you may need to carry out your work that may not be attached.

The important issues to consider.

1.       Only a bailiff may demand payment or attach goods or money with a warrant or court order.

2.       Debt collectors do not work under the authority of the court and are not allowed to attach or remove your goods.

3.       Always demand a receipt for monies paid to a bailiff.

4.       Make sure both the original and copies of documents are marked with any payment made with your signature or mark.

5.       Always keep a copy of the documents as proof.

6.       If a bailiff visits your home in your absence follow up and try to find out what you need to do.

7.       Do not ignore any documents notes or messages left for you by the bailiff.

8.       It is to your advantage to take immediate action, additional visits only add to the costs incurred.

 

What committees are responsible in performing the duties of the Uganda Court Bailiffs Association?

The Uganda court bailiffs association has three committees each independent of the other each performing a different role as indicated below.

The executive committee –running the daily duties of the association

The displinary committee-checking and punishing the ethical behaviors of bailiffs.

The finance committee-finances

The welfare committee-welfare

What do you do if you have a complaint?

Visit the association website at www.ugandabailiffs.com or come to our head office  of the Uganda Court Bailiffs Association

THE CEASER FOUNDATIONAL INVESTMENTS C

bailifff soccer

police bosses meet with ucba executive

Dpcs executive ucba and regional police commander of katwe

The regional police commander of katwe together  with all  dpcs  of the region  and the Uganda court  bailiffs  executive  At katwe regional police headquarters  in a group photo after the meeting concerning the working  relations between the police and the bailiffs  

UCBA-SACCO MANAGER’S REPORT

YEAR ENDING 2013

(COURT BAILIFFS COOPERATIVE SAVINGS AND CREDIT SOCIETY LTD)

 1.   INTRODUCTION
We are all aware that the world is turning into a global village! Money-matters and financial markets have indeed become very dynamic and more complex! It is on this basis therefore that we, the members of Court Bailiffs Cooperative Savings and Credit Society Ltd must re-engineer our joint efforts to operate a vibrant SACCO business to address some of the financial bottle-necks the members face. This write up highlights the accomplishments, the challenges and planned activities/recommendations for the UCBA-SACCO.
2.   ACCOMPLISHMENTS
The following are some of the achievements made in the short time of operation.

1. Some of Internal non-existent operational documents have been designed. These include receipt books, payment voucher, internal requisition forms, invoice sheet that is now being used by the UCBA-SACCO in its internal operations .
2. We have designed and developed membership application forms, members’ pass-books, membership ledger sheets and similar documents which shall be used to recruit members, enable members to buy/transfer shares and other similar transactions to step-up the income of the SACCO.
3. We have identified, negotiated and reached an understanding with several accounting software developers to set up an M.I.S for the SACCO. One of them is willing to avail their software for free use until the SACCO reaches a growth mark of 200 clients/accounts. What is now required is to procure a computer or laptop for the software to be installed. This shall make record keeping and financial management easier and efficient.

3.   FINANCE OUTSOURCING
I have managed to meet and negotiate with several potential funders who have welcomed our initiatives and are willing to partner up with us as the SACCO grows. In particular, the following showed interest in us.
a.   Microfinance Support Center (MSC)
This is the official organization meant to financially support SACCOs and MFIs. There are a number of requirements to pre-qualify any SACCO before benefiting from the center. The list of the same can be read from their website.
b.   Stromme Foundation
Offers whole sale lending to SACCOs and MFIs. It also offers a range of other  services offered to people with low incomes. These non-financial services, such as training within administration, management, insurance and marketing.
c.   ECLOF
They offer sustainable financial assistance or a loan with a lending strategy and policies rooted in the concept of community for human development. They are willing to partner with us.
d.   DFCU BANK-Unsecured Club Loan
Their loans/funding is through dfcu Investment Club Account which allows club members/entrepreneurs (both existing and potential) to pool their savings and take advantage of opportunities like the unsecured Club Loan and access to financial literacy training.
4.   SOFTLOANS
During this first year ending, we have operated under a very tight financial budget due to limited income base. However, we managed to appraise and disburse loans to more than ten (10) applicants/beneficiaries. We hope to serve more that fifty (50) applicants in the following financial year.
5.   PLANNED ACTIVITIE
As we approach the  year 2014, we plan to accomplish the following:
PHASE I

1. Organise workshops and conduct marketing/awareness in-house promotions to all members, Directors, SACCO committees, management and other stake holders.
2. Officially launch the SACCO to increase publicity and awareness amongst members.
3. Conduct a survey among Insurance companies in an effort to identify an appropriate insurance partner to cover SACCO-LOANS borrowers so as to protect SACCO finances in case a borrower gets an accident or is incapacitated.
4. Enroll as a member to Uganda Cooperative Savings and Credit Union (UCSCU) which offers capacity building/training to SACCO committee members, sub committees, SACCO management and general membership (plus offering technical and other services) for a steady growth.
5. Mobilize and increase start-up capital which should be injected in the SACCO for more profitable operations.
6. Fundraising:- we shall aggressively follow up on finance-sourcing  from potential financiers like:

                                                            i.      Microfinance Support Center (MSC),
                                                            ii.      Stromme Foundation (whole sale Microfinance lender)
                                                            iii.      ECLOF Uganda
                                                            iv.      DFCU Bank
etc.
PHASE II

1. Develop better strategies to sale more shares to members to increase the SACCO finances.
2. Developed :

                                                         v.      A two-in-one Operations User Manual containing:
                                                         vi.      Financial and Accounting Policies to address all issues concerning SACCO finances (money matters) at the same time be used in setting up an efficient and effective accounting system for the SACCO.
                                                         vii.      Operations Procedures manual for day-to-day activities of the SACCO.

1. Develop a three-year strategic plan document that is meant to guide the UCBA-SACCO on both short term, medium and long term/range projections. On completion, it shall act as a road map for both management and the executive committee/the board in steering the UCBA-SACCO forward.
2. Increase our lending capacity and  loan portfolio to over 30 million so that more members can access loans at very flexible, affordable and friendly terms
3. Prepare and submit annual returns with registrar of companies.
4. Apply for and follow up permanent certificate from registrar of cooperatives. 

6.   CHALLENGES

1. 1. Limited funds. Due to limited funds, many loan applicants have not been served.
   2. Offices for the SACCO. We have been hosted by the parent body- UCBA for two years. It is high time the SACCO secured business offices as required by the cooperative law. Without SACCO offices, it may be difficult to secure soft loans from Microfinance Support Center and from other donor.

7.   UPCOMING EVENTS

EVENTS	PROPOSED DATE
UCBA-SACCO awareness creation	December 2013
UCBA-SACCO  A.G.M	JAN./FEB.2014

8.   CONCLUSION
All members are advised and encouraged to complete their membership process by paying annual subscription fees of UGX 20,000 (twenty thousand shillings) and buy at least one share at UGX. 50,000 (Fifty thousand shillings only). For more information about the SACCO please contact the following:

bailffs bill draft

DRAFT FOR COURT BAILIFFS BILL

THE COURT BAILIFFS BIL

MEMORANDUM

The object of this Bill is to consolidate the Law relating to Court Bailiffs and Bailiffs who levy

distress for rent under the distress for Rent (Bailiff) Act. The prime object is to provide more

strict supervision and control in order to enhance discipline and integrity amongst Court Bailiffs.

Coupled with this is making it easier to administer these people under one uniform Law.

To ensure effective supervision and control, the Bill proposes the established of Appointment

and Disciplinary Committee, whose membership is designed to ensure expertise in the Licensing

and regulation of Court Bailiffs business.

The Bill further proposes new and stringent requirements in the appointing and Licensing of

Court Bailiffs. Age limits and educational standards are being set, in addition to technical

knowledge and practical experience.

The Bill also promotes transparency and accountability amongst bailiffs by requiring that Bailiffs

practice in their own names or through a firm all of whose partners are Licensed, it also requires

that the liability of Bailiffs be unlimited.

Finally, the Bill empowers the Appointment and Disciplinary Committee to make Rules to give

further effect to the provisions of the Bill.

...............................................................................

MINISTER OF JUSTICE AND CONSTITUTIONAL AFFAIRS.

THS COURT BAILIFFS BILL

ARRANGEMENT OF CLAUSES.

PART 1 – PRELIMINARY

Clauses.

1.

Short title.

2.

Interpretation.

PART II – ESTABLISHMENT OF APPOINTMENTS

AND DISCIPLINARY COMMITTEE.

3.

Establishment and composition of Committee.

4.

Functions of the Committee.

5.

Proceedings of the Committee.

6.

Funds of the Committee.

7.

Prohibition against unlicensed Court Bailiffs.

PART III- LICENSES.

8.

Eligibility for License.

9.

Application for License.

10.

Conditions of License.

11.

Renewal of License.

12.

Refusal to grant or renew License.

13.

Revocation of License.

14.

Suspension of License.

15.

Register of Licenses.

PART IV- GENERAL

16.

Duties of Court Bailiffs.

17.

Conflict of Interest

18.

Prohibition against distress without Certificate.

19.

Complains against Court Bailiffs.

20.

Appeals.

21.

General penalty.

22.

Regulations.

23.

Repeals and Savings.

SCHEDULES.

(b)

A Registrar of the High Court appointment by the Chief Justice, who shall be Secretary

to the Committee;

(c) one Chief Magistrate and one Senior Magistrate Grade 1, appointed the chief justice;

(d) two advocates of not lees than ten years’ standing nominated by the Uganda Law

Society;

(e) two Court Bailiffs of not less than ten years’ standing nominated by the Uganda Court

Bailiffs Association; and

(f) one person from the private sector nominated by the private sector foundation.

(2) a member of the Committee shall hold office for a term of five years and shall be

eligible for re-appointment.

4.

Function of the Committee.

(1)

The functions of the Committee are to exercise general supervision and control

over the business and practice of Court Bailiffs, and in particular to-

(a) License and regulate Court Bailiffs;

(b) Interview and appoint Court Bailiffs;

(c) Inspect the applicants-

(i)

Office premises;

(ii)

Storage facilities; and

(iii)

Bank accounts, particularly those accounts on which decretal sums

are supposed to be deposited;

(d) Design a mandatory course of study by Court Bailiffs;

(e) Supervise and discipline licensed Court Bailiffs; and

(f) Perform such other functions as may be conferred on the Committee by this

Act or any other Law.

5.

Proceeds of the committee.

(1)

The Committee shall meet and transact its business as specified in the Second

Schedule.

(2) The Committee may not withstanding sub section (1) regulate its own procedure.

6.

Funds of the Committee.

The funds of the Committee consist of-

(a) Money provided by parliament to the committee; and

(b) Money obtained by the committee in the performance of its functions under this Act.

7.

Prohibition against unlicensed Court Bailiffs.

(1)

A person shall not carry on the business of a Court Bailiff unless such person

holds a valid license issued by the Committee under this Act.

(2)

A person who contravenes sub- section (1) commits an offence and is liable on

conviction to a fine not exceeding fifty currency points or to imprisonment not

exceeding one year or both.

PART III – LICENCES.

8.

Eligibility for License.

(1)

A person who satisfies the Committee that he of she-

(a) is a citizen of Uganda;

(b)

is at least 21 years of age;

(c)

has attained “Ordinary” level standard of education with credit passes in English

and mathematics;

(d) has been an apprentice of a Licensed Court Bailiff for at least two years

immediately preceding the application;

(e) has not been convicted in the ten years immediately preceding the application, of

an offence involving fraud or dishonesty; and

(f)

is not disqualified under this Act from obtaining or holding a license, may on

application to the Committee, be licensed to carry out the business of a Court

Bailiff.

(2) Without prejudice to subsection (1), the following persons are disqualified from

being licensed under this Act-

(a) a Judge , Magistrate or any other employee of a Court;

(b) a member of parliament;

(c) a councilor of a local government;

(d) an advocate or a local government;

(e) an Auctioneer, or

(f) a public officer.

(3) A person who obtains a license in contravention of this section commits an

offence and is liable on conviction to a fine not exceeding one hundred currency

points or to imprisonment not exceeding one year of both.

9.

Application for License.

(1)

An application for a license shall be made in the prescribed form to the

Committee together with the prescribed fee.

(2)

In considering the application, the committee may require the application to

supply such additional information in support of the application as the Committee

may consider necessary.

(3) The Committee may, subject to the provisions of this Act and to the payment of

the prescribed fee, issue a license in the prescribed form to the applicant.

(4)

A license issued under this section shall, unless earlier revoked, be valid only for

he year in which it is issued.

(5)

Where an application for renewal of a license is made, the license shall be deemed

to continue in force until the application for its renewal is determined.

10.

Conditions of License.

(1)

A license issued under this Act is not transferable.

(2)

A Court Bailiff shall carry on business in his of her own name.

(3) The liability of a Court Bailiff in relation to the conduct of his or her business is

unlimited.

(4)

Subject to subsection (3), before the grant of license, the applicant shall, it so

required by the rules made under this Act, give security in such form and amount

as may be prescribed as assurance for the faithful discharge of his or her duties.

(5)

In addition to the conditions set out in this section, the Committee may impose

any conditions it may consider necessary on a license and any add to, substitute or

vary such conditions.

(6)

A person who contravenes this section, or breaches any condition imposed by the

Committee under subsection (5) commits an offence.

11.

Renewal of License.

(1)

The Committee may, on application by a licensed Court Bailiff, renew his or her

license.

(2)

An application under this section shall-

(a) be made in the prescribed form to the Committee together with the prescribed

fee,

(b)

be lodged with the Committee at least one month prior to the expiry of the

licensed; and

(c) be considered in accordance with the provisions of sections 8 and 9.

12.

Refusal to grant or renew license

.

(1)

The Committee may refuse to grant or renew a license if it is satisfied that-

(a)

the information contained in the application is false or untrue in any material

particular, or

(b) the applicant does not meet any of the requirements for the issue or renewal of a

license.

(2) where the Committee refuses to grant or renew a license, it shall notify the

applicant in the prescribed form, specifying the reasons for such refusal.

13.

Revocation of license.

(1)

In addition to the powers of the Committee under this Act, the Committee may

revoke a license if-

(a) It discovers that the Court Bailiffs made a statement in or in connection with the

application which he or she knew to be false or untrue in any material particular;

(b) any event occurs which renders the Court Bailiff ineligible to hold a license under

this act;

(c) the Court Bailiff’s business is wound up or is otherwise dissolved;

(d) the Court Bailiff is in breach of any condition attached to the license; or

(e) The Court Bailiff does not comply with any of the provisions of this Act or any

rules made under this Act.

(2)

where revocation of a license is contemplated, the Committee shall serve the

Court Bailiffs with a notice of renovation in the prescribed form.

(3)

A notice under subsection (2) shall be served not less than twenty – one days

before the date of the intended revocation and shall specify the grounds for such

revocation, and the Committee shall consider any representations made to it in

writing by the Court Bailiff during that period, and shall take every reasonable

precaution to ensure fairness in the exercise of its powers under this section.

(4) The revocation of a license shall take effect from the date of service of a notice

under subsection (3) if such notice is served on the Bailiff personally, or , where

the notice is sent through registered post, on a date seven after the date of posting.

(5)

The committee shall, within fourteen days of the revocation of a license, cause the

name of the Court Bailiff whose license is revoked to be published in the Gazette,

and in one local daily news paper circulating in the area where the Court Bailiff

carries on business.

(6)

The Court Bailiff whose license is revoked shall surrender his or her license to the

committee and shall not be eligible to hold a license under this Act for a period of

ten years starting from the effective date of the revocation.

14.

Suspension of license.

(1)

The committee may suspend a license for a period not exceeding six months if

(a)

the Court Bailiff is charged with any offence involving fraud, dishonesty,

violence or malicious damage to property;

(b) having received a complaint against a Court Bailiff in respect of his or her conduct

in executing Court orders or detraining, the Committee considers it appropriate to

suspend the license pending further investigation of the complaint; or

(c)

in the execution of his or her duties, the Court Bailiff has acted in a manner

incompatible with his or her status as an officer of the Court.

(2)

Where a license is suspended, the Committee shall serve a notice of suspension in

the prescribed form on the Court Bailiff personally or through registered post,

specifying the reason for the suspension.

(3)

The suspension of a license under this section shall take effect from the date of

service of a notice under subsection (2) if served personally on the Court Bailiff

or, it sent through registered post, on a date seven days after the date posting.

15.

Repeals and Savings.

Cap. 76. (1) The Distress for Rent (Bailiffs) Act is repealed.

Cap. 13. (2) Paragraph (w) of section 41(2) of the Judicature Act is repealed.

(3) Without prejudice to the repeal of the enactments under this Act, any

statutory instruments made under the said enactments shall continue in

force with any necessary modifications until they are revoked under this

Act.

SCHEDULES

FIRST SCHEDULE S.2

CURRENCY POINT

One currency point is equivalent to twenty thousand Uganda Shillings

SECOND SCHEDULE S.5

PROCEEDINGS OF THE COMMITTEE

1. The Committee shall meet at least once every three months.

2. A meeting of the Committee shall be held on such date and at such time as the

Committee shall decide or in the absence of such decision or on any occasion on

which the Chairperson in consultation with the secretary shall decide that a meeting

is necessary, on a date and at a time determined by the Chairperson.

3. The Chairperson shall, on the application of at least four members, convene a special

meeting of the Committee.

4.

Unless three- quarters of the total membership of the Committee otherwise agree, at least

a fourteen days written notice of every meeting of the Committee shall be given to every

members of the committee.

5. The quorum for the conduct of meeting of the Committee shall be-

(a) In the case of a meeting to consider a matter other than a disciplinary matter, six

members; or

(b) In the case of a meeting to consider a disciplinary matter, five members.

6. In each case at least one advocate and one Court Bailiff shall be present.

7. The Chairperson shall preside at every meeting of the Committee at which he or she is

present but in the absence of the Chairperson from a meeting, the Committee shall elect

one of the advocate appointed under section 3(1) (d) who shall, respect to that meeting

and the business transacted, have all the powers of the Chairperson.

8. Subject to paragraph 5, no proceeding of the Committee shall be invalid by reason only

of a vacancy among the members of the Committee.

9. For the purposes of any application or complaint made to it under this Act, the

Committee may administer oaths or affirmations, and the complainant and the Court

Bailiff to whom a complaint relates, and an applicant making any application to the

Committee may take out a summons to give evidence or to produce documents; but no

person shall be compellable under any such summons to produce documents; but no

person shall be compellable under any such summons to produce any document which he

or she could not legally be compelled to produce at the trial of a suit.

10. All instruments made by and all decisions of the Committee shall be signified under the

hand of the Chair person and the Secretary.

11. The Committee shall cause minutes of all proceedings of a meeting of the Committee to

be entered in the books kept for that purpose.

12. Except as provided in this Schedule, the Committee shall regulate its own procedure.