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Momodou
Denmark
11851 Posts |
 Posted - 29 Feb 2008 : 19:25:46
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FOROYAA EDITORIAL:
Can A Chief Serve As An Adjudicator?
According to Section 120 subsection (2) of the Constitution, “The judicial power of The Gambia is vested in the courts and shall be exercised by them according to the respective jurisdictions conferred on them by law.” Subsection (1) of the same section indicates that the courts of The Gambia include District Tribunals.
Furthermore, subsection (3) of the same section stipulates explicitly: “In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this Constitution and the law and, save as provided in this Chapter, shall not be subject to the control or direction of some other person or authority.”
Although the law makes provision for the appointment of the President of a District Tribunal, in practice the appointed Chief automatically becomes the President of the District Tribunal. The law also makes the Chief head of the District Authority. But according to law the Chief is in the palm of the President’s hand, who can sack him/her at any time without cause.
In short, a chief wears two caps. On the one hand he/she is under the whims and caprices of the executive while at the same time he/she presides over cases which are sometimes controversial and involve the government or the ruling party. Can a Chief who has campaigned tooth and nail in support of the ruling party or one who fears the threat of dismissal be expected to adjudicate impartially in such cases? Only believers in fairy tales would think so.
Furthermore, what would happen if a District Authority headed by a Chief sues a person to the District Tribunal headed by the same Chief? Would we expect impartiality? Can someone preside over his/her own case in his/her own court?
The current judicial system that prevails in rural areas with the Chief as President of the District Tribunal, without written laws and with political pressures only tends to give rise to arbitrary decisions. To talk of customs and tradition is in most cases a joke. The system does not serve the cause of justice. It must be replaced with one that excludes Chiefs from judicial functions and restricts them to administrative functions.
Source: Foroyaa Newspaper Burning Issues
Issue No 24/2008, 27 - 28 February 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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