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Santanfara
3460 Posts |
 Posted - 07 Sep 2007 : 11:07:40
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we all know our own head of state interfare in the gambian judiciary proceedings ,which is tantamount to fair play .can the gambian bar do as the pakistani lawyers are doing .
culled from al-jazeera .http://english.aljazeera.net/NR/exeres/CC2D4442-9BB2-4EEC-A01C-17299BAA3C00.htm
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Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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kayjatta
2978 Posts |
Posted - 07 Sep 2007 : 12:10:15
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| Thanks Santafara, this is what I was wondering all this time.I am keenly following the events in Pakistan. If the Gambian judiciary and Bar Association have any clout they could be very crucial in ending Aprc tyranny. But again with the huge presence of foreign judges , the effectiveness of the judiciary as the custodian of the constitution is very much compromised. What do you think ? |
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toubab1020
12314 Posts |
Posted - 07 Sep 2007 : 12:12:24
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It is not right that a head of state (or government) should intefere with judicial proceedings but the fact is that they do EVERYWHERE although not always in an obvious way,sorry to say it's all about POWER and control and money,if you have seen on British TV a series of programmes called Judge John Deed this programme shows the way in which the British Government try to control the Judiciary,the theme of this programme,which is entertainment not fact is Justice and internal politics,and shows the way Judge Deed (an actor not a real judge)has to battle with those in control to achievea just outcome.
This much better piece in the link will show you what I mean,
http://uktv.co.uk/drama/item/aid/528119
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 07 Sep 2007 : 12:46:34
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| Toubab , the three branches of governemnet , that is the executive , legislature and judiciary are supposed to check one another so that none of them becomes too powerful. Naturally , this means that they will compete to try to controll one another. That is the way it should be because that competition to try to controll one another is what prevents any of them from becoming too powerful and creates the "balance of powers". However , in the case of the Gambia the judiciary (and the legislature)have allowed the executive to become too powerful because they do not challenged it (the executive). Part of the reason they do not challenge it is that Jammeh (the executive) has the power to removed and detain members of the judiciary and legislature without due process. This unconstitutional power (and other acts) of the executive is never challenged by the Gambian judiciary , the Bar Association or the legislature. This is why we feel that they could learn some lesson from the recent events in Pakistan. |
Edited by - kayjatta on 07 Sep 2007 12:48:22 |
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toubab1020
12314 Posts |
Posted - 07 Sep 2007 : 16:52:29
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Kay, I understand that,my posting was less specific to try to demonstrate the general inteference that is between both sections and that it is general,I cannot comment on individual countries where my information is very limited. 
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Janyanfara
Tanzania
1350 Posts |
Posted - 07 Sep 2007 : 23:16:16
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But how can we learn lessons from pakistan.Come on fellas we are quite different from Pakistan in so many ways:
(1) Pakistan is judiciarily compitent and very partially independant
(2) The institutions in Pakistani democracy would be really difficult to hijack due to hardliners who can stand up to the president even at the mouth of the tankers.
(3)Pakistan has very less foreign judges who are only interested in their pay and thus are only loyal to their employers rather than their profession.
These are just few examples why we cannot emulate pakistan for the few Gambian Judges can all be fired and replaced with either Nigerian,Ghanian, sierra leonean or even Tiwanian judges as our constitution empowers the president.So who would dare challenge his authority?
I think in The Gambia to be a private Lawyer is better than become a judge for the latter would be under the scrutiny of the Big house and thus compromise one's intergrity and impartiality.Most of them are ofcause sometimes taking the bull by the horn but this is even not safe as they may go too far and never come back.
Peace,
Janyanfara |
Edited by - Janyanfara on 07 Sep 2007 23:17:36 |
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kayjatta
2978 Posts |
Posted - 08 Sep 2007 : 12:40:56
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| Did you forget that Pakistan's democratic process has been hijacked many times by military coups , the latest one by Gen. Musharaf . Where were the Pakistani lawyers and judiciary then ? You see the powers the Pakistani courts and lawyers are exercising now are the same powers they always had but did not exercise due to some sort of complacency. The Gambian courts and lawyers have powers they can use to cut down on Jammeh's constitutional excesses , and in some extreme cases even help force him out of power. |
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