THE CHAIRMAN of the Constitutional Appointment Authority has stated that the Authority shall not rush to appoint a new Chief Justice in haste. He said that they will continue to deliberate and will name its appointment when the time is right. It is to be remembered that the previous CJ was asked to step down because of the myriads of complaints against the judiciary which he seemed unable or unwilling to put under control.
The judiciary is arguably the most neglected institution of State and has been allowed to degenerate and spiral out of control as the number of cases mount and it crumbles under the pressure. To a large extent its powers have also been curtailed by the Executive arm of government as it was not unusual to hear that the outcome of many cases had been decided by State House. The judiciary, which was once the pride and joy of the country as it basked in reverence, has also lost all respect in the country as Civil Servants have refused to comply with its orders.
Recently the Superintendant of Prison, Mr. Gelage Hoareau, refused to obey a Court Order to allow a detainee to visit his grandmother after the latter was said to be terminally ill. The police who had travelled all the way to Montagne Posse prison to collect the detainee was ordered to go back without the detainee. Apparently Hoareau had arrogantly told the police officers that he is in charge of his prison and the Court cannot order him to do anything. The police filed their complaint with the Judge Duncan Gaswaga thereafter as he was the one who made the order in the first place. The lawyer for the detainee has also made an application for the Superintendant of prison to be cited for contempt of Court.
This follows another case where both the Leader of the Opposition and the Speaker of the National Assembly refused to comply with an order made by Chief Justice Alleear late last year. The two incidents clearly show the impotency of the court as an institution which enforces the law. Last week an exasperated Judge Bernadin Renaud stated unconvincingly in open court that the Court is an independent institution and shall not be influenced by anyone or institution. Staffs of the Court are also demoralized and have also complained of being overworked and underpaid. They, in turn, have called upon the government to review their scheme of service after that of the judges salary were increased recently.
Mr. Wilby Lucas, Member of the Natonal Assembly for Baie Lazarre and a lawyer by profession, also dwell on the subject in his reply to the State of the Nation address recently. He made several valid points to justify much needed reform in this archaic institution which seemed stuck in a time warp and refusing to embrace technology and move on with the time. Even the lawyer's garb, a long flowing black robe with blonde wig seemed antiquated and out of place in a modern world. Mr. Lucas also presented a motion before the National Assembly last week again calling for drastic reform of the judiciary. As the CAA labours to find a suitable candidate to replace Chief Justice Alleear, the whole nation waits patiently in the hope that this time around they will get it right. The CAA has clearly broken away with tradition as it considers all the views and opinions of the stakeholders. However, they have reiterated that they will not be pressured into making a decision in haste which they may regret later.