Institutional strengthening of judiciary in reform strategy

Dec 27, 2008 News

The Justice Sector Reform Strategy includes a plan for institutional strengthening of the judiciary.
This newspaper understands that the constitution guarantees the Judiciary’s independence in the exercise of its functions.
A key aspect of the reform will be to improve the system for the control of public expenditure by the Judiciary.
Also, the new budgeting process will ensure that judicial finances are protected from arbitrary political manipulation, while recognising the responsibility of Government and Parliament for prudent management of public finances.
Additionally, reform measures will address many of the human resource constraints.
“Measures will be taken to strengthen the management, administration and capacity of the Judiciary including the introducing of enhanced accountability for Judges’ and Magistrates’ performance including clear time standards for case dispositions.”
The strategy stated that this will need to be backed up by legislation in order to give effect to the Constitutional provision enabling Judges to be removed for failing to give timely decisions.
There will also be the strengthening of case management systems initially by the introduction of a simple data bases in the High Court and Magistrates Courts managed by a trained case management officer and enhanced Judicial training for the induction and on-going training of Judges and Magistrates including mentoring and refresher courses on practical issues such as sentencing and summing up.
The strategy also includes a plan for the Court of Appeal. It states that the backlog that exists in the Court of Appeal will be eliminated speedily, through the setting of targets for the delivery of judgments.
In addition, it stated, measures will be taken to simplify current appeal procedures including eliminating the need to copy all the notes of evidence on appeal against sentence or on a point of law; requiring attorneys to make and keep written note of a judgments delivered in open court or chambers, thus dispensing with need for judge to communicate the reasons for their decision to the Court of Appeal.
“Once judgment in a civil case has been awarded, in order to conclude the case satisfactorily, it must be executed. Current methods of execution including insolvency procedures, and performance of the Marshall’s Department, will be reviewed, in the light of international best practice. Where necessary the review will be followed up by administrative and legislative reform.”

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Institutional strengthening of judiciary in reform strategy

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