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Momodou
Denmark
11840 Posts |
 Posted - 20 Mar 2007 : 13:37:49
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Foroyaa Editorial
JUDICIARY, CUSTODIAN OF FAIR PLAY, HUMAN RIGHTS AND JUSTICE
LESSONS TO THE YOUNG MAGISTRATES
A new breed of magistrates are emerging in the Gambia. This is reflected on Monday March 2007 at the Kanifing Magistrates' Court when Magistrate Pa Harry Jammeh made a profound statement cautioning litigants going to the media to give their personal opinion on cases that are before the court.
He indicated "I will never tolerate such reckless statements from anyone of you, this matter is before the court and nobody can say anything about the case just like he or she likes."
This impartiality and independence is what is expected of a court.
Section 120 of the constitution states that "In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject to this constitution and other laws. Judicial officers shall not be subject to the control or direction of any other person or authority."
Section 124 adds that "It shall be the object of every court to deliver its decision expeditiously."
Section 222 paragraph (8)(c)states that "A public officer who exercises judicial functions shall abstain from comment about the outcome of any pending or anticipated legal proceedings in any court in The Gambia and require similar abstention from his or her staff and others subject to his or her control."
One can therefore understand Magistrate Jammeh's position that litigants should not make comments, which may be prejudicial to matters before him.
The reason the constitution gave the court the power to administer and enforce the law is because of the realisation that without an impartial and independent authority to give fair hearing to the claims of litigants people will take the law into their own hands.
The law of the jungle will then prevail where might becomes right. This has been the source of conflict in society.
Hence just courts that hold fair hearings and deliver justice without fear or favour, affection or ill will are the custodians of just social order. Those in charge of judicial proceedings should therefore acknowledge the importance. They are sitting in the place of God. They decide life and death, liberty and captivity, prosperity and destitution. If their decisions are just the person who gets adverse decision will accept it without anger.
If the decision, are unjust one creates a monster full of contempt for the courts in particular and society at large.
Let justice guide our actions towards the common good, then we will build a society based on brotherhood and sisterhood.
Source: Foroyaa Newspaper Burning Issue
Issue No. 32/2007, 19 - 20 March 2007
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