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Momodou
Denmark
11823 Posts |
 Posted - 12 Nov 2009 : 13:23:08
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People Loosing Confidence in Judiciary
By Modou S. Joof & Amadou Bah
The Chief Justice of The Gambia, Emmanuel Agim has argued that people are loosing confidence in the judicial system of the country as a result of a commonly held view that the justice delivery services is not as effective as it should be.
Speaking at a one-day programme for the introduction of the High Court (Amendment) Rules 2009 at the Kairaba Beach Hotel on 5th November, 2009 Chief Justice Agim ascribed the delayance to what he calls “many factors” key among which is the nature of the rules of the high court.
‘The High Court Rules 2009’ amends the rules of the High Court for the purpose of reducing delays in the trial of civil cases. It is also meant to reduce the expenses of litigation while encouraging amicable settlement of cases, as well as to ensure that proceedings are done in a manner that will ensure substantial justice.
According to him, the Laws of the Gambia 1997 calls for speedy trials in the judicial system, citing that it is a constitutional mandate on judges to make sure that court cases are given speedy trials. He stressed that people come to court for a particular issue, not because of satire and drama and that this should be considered.
“The legal practitioners are there to serve the interest of the litigants, so they should not think that judges and lawyers are the only important people in the courts”, said Chief Justice, noting that, “One of the major results in the complete back-log of cases includes land and reform, where we have cases dragging on for more than ten years. This will make people to loose confidence in the judicial system”.
On financial gaps to funds court proceedings, he said whereas the government does not have enough resources to fund court proceedings, it will affect the ability of the court to function properly. He also noted that it is a challenge that they are facing but was quick to say that the government is doing so much to capacitate the functions of the courts. “Initially, government was not sensitised as to what the actual problem of the high court is,” he said.
In her introductory remarks, Justice Mama Fatim Singhateh said that the preparation of these rules was financed by the United Nation Development Programme (UNDP) through its Support to the Judiciary Project.
According her, the project aims at promoting the expeditious and efficient disposal of cases, while the amended rules will ensure that cases are not unnecessarily prolonged with technicalities and long proceedings, which she believe could be drastically reduced through the filling of affidavits of statements or testimonies of witnesses to be called in a suit.
Source: Daily News
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