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kayjatta
2978 Posts |
 Posted - 01 Feb 2006 : 20:18:40
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It is very troubling to learn that the Gambian Judiciary is in such crisis that the Gambia Bar Association has to call a strike to make their statement .
While preoccupied with the excesses of executive abuse of power and a largely ineffective legislature , it is easy to overlook the terribly poor health of the Gambian Judiciary .The recent controversy surrounding Justice Paul particularly should draw attention to the perhaps inherent contradictions in the Gambian judicial system .
The Gambia is probably just one of a very few sovereign countries in the world that still import judges to preside over cases ( important cases for that matter ) in its courts .
My questions here are these :
(1) Does Gambia still need to import judges and magistrates to serve on its bench ?
(2)If so does this have any effect as to compromise the fair dispensation of justice in the Gambia ?
Thanks for your time .
KB.
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Janyanfara
Tanzania
1350 Posts |
Posted - 09 Feb 2006 : 17:27:07
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Yes my brother Kejatta,
To yor 1st Q. Well I think the Gambia has some compitent judges to serve but the facts are :The country is so small that every body kno every body.So their impartially might be queationed.
2nd, Legally you have to serve as a judge for many years b4 you qualify to become a high court judge or supreme C. judge.
But how can any Gambian judge get such a service under Jammeh when constitutionally,He has power to choose the chief justice who is directly answerable to Him and who control appointment Judges and always fires them when ordered by HIM, b-cause if he(CJ) refuses, then you know what will happen to him ( Remember since Jawara days,we have never had a Gambian chief justice).
We in the Ganmbia never pay our foreign Supreme court judges in dalasi(they are paid in Dollas)And we cannot even afford to keep them long in the country for as long as they stay we keep paying for their hotel and food.My brother I kno wat am taking about imagine haw many thousands of Dallad we are talking of here? Many Many...
3rd Gambian cannot have a true independant judiciary, until it is totally free from the grip of the executive.Our country is BURR conscious.Everything is centered on His Excellency Mr. PRESIDENT. he does no wrong and everyone is wrong when it comes to His decision,His is the only in the best interest of the Nation.Sad isn't it?
To answer to your last,NO we don't need any foreign Judge to serve US we 've more than enough compitent judges to serve the country.But if that happens, The president will have his ways blocked sometimes if he want to silence his critics and thus undermine his desired wish 4 absolute power without interferance from withinthe goverment.
Our COUNTRY is a PRESIDENTIAL democracy rather that a PARLIAMENTARY one.This is because all power is centered on the Head of State, commander in chief and Head of Cabinet.Our system has handicapped the Parliament,The Judiciary and the THREE Arms of governmenr that are to do the checks and balances cannot function any more.Parliament can,t do its job 4 either party loyalty or fear of presidential reprasals and the Judiciary can,t function because the chief justice fears for his job and possible deportation or will never disagree with the executive.Some times things work well with the judiciary.But I think Justice Paul is Gambia's problem now because even if he is on leave, some delicate government cases,he has to be called to take them by the chief justice.Why?Maybe he is under orders as everybody else.
Peace and love,
Mankajang Janyanfara |
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kondorong
Gambia
4380 Posts |
Posted - 09 Feb 2006 : 18:21:24
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I think one of the reasons why we do not have experienced Gambian judges in public service is that they are under paid compared to foreign judges. Each foreign judge or even a magistrate is entitled to a car, Driver paid for by the Government, a well furnished house in Cape piont or fajara, a return air ticket every year for himself and family to country of origin, a police escort, a night watchman paid for by the government etc. There is no Gambian magistrate who has all these right now. It is a known fact that some judges even if they get married to Gambians, do not want to change their nationality because such benefits are not accorded to Gambians.
We discriminate against our own people and in the Gambian Civil Service, foreign means excellence and hence all the so called expatriates and consultants
Beinformed. |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” |
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kayjatta
2978 Posts |
Posted - 23 Feb 2006 : 21:43:50
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A few weeks ago the Gambian judiciary appeared to be in a turmoil when the Bar Association called a "strike" to express the difficult state of affairs at the third arm of the government .
The Gambia had relied on import-judges for a very long time , and I was troubled by the possible impact of this on the quality of justice in our country , especially considering the recent uproar over Justice Paul , and the trial of Halifa and others .
However , it is reassuring today to learn that the Chairman has appointed the first Gambian Chief Justice in the history of our nation.This is the statement culled from Gambian newspapers:
"President Yahya Jammeh has appointed Justice Abdou Karim Savage the country's Chief Justice. He is the first-ever Gambian to hold the post".
This is very welcoming , yet long overdue .In my view ,it could be the start of the realization of true independence of the Gambian judiciary , even though the Chairman doubts the existence of an independent judiciary anywhere in the world as stated in this words below :
"Speaking at the occasion, the Gambian leader said there had never been and there would never be an independent judiciary anywhere in the world, as the judiciary were appointed by the executive arm of the government".
The independence of the judiciary does not lie in the fact that it is appointed by the executive ( the president). Rather it lies in the fact that judges are free to interpret the law and decide cases without fear (of losing their job ,among other reprissals ) or favor.
In many free countries this could be achieved by guaranteeing a life-term for judicial appointees .I hope the Gambia will take this important next step shortly .
Our judicial branch need not only be a police department , ensuring public order. It needs to pursue what is fair and protect the people from aggressive governments .
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