Editorial

Justice under the law

Each week brings new revelations about the skewed view of democracy and freedom of the press held by a small isolated group of people who occupy many of the top positions in the government of our country. The week before last it was the turn of Chief Justice Vivekanand Alleear to make known his views. The Chief Justice is the constitutional head of the Judiciary, the third pillar of our democracy as defined by the Constitution.

During his speech to mark the traditional re-opening of the Supreme Court CJ Vivekanand Alleear decided to make certain remarks to the state broadcasting media which bordered on controversy of the political kind. Mr. Allear said that “Journalistic integrity is the cornerstone of the media’s credibility, and strict adherence to recognized ethics and standards is the foundation of all trust between the press and their audience, and knowledge of what constitutes a free and fair press is vital.” 

According to the Chief Justice, “We have, in the recent past, witnessed an upsurge in the number of articles in the local press appearing to have less to do with servicing (sic) the public’s right to know, but rather aimed towards casting the justice system into an unfavourable light. The basic tenets of journalism are that the job of the press is to report the news, not to design it, and to investigate, not regurgitate”.

Frankly, if the Judiciary under Chief Justice Alleear had dispensed justice according to the Constitution and the law, surely it would have glowed in the glare of the light cast upon it by the press. Alas, this is not the case. Now the Chief Justice is resorting to casting aspersions and blame on the light rather than the deformed object.

The responsibilities of the judiciary are spelt out by the Constitution. Article 119 (2) states, “The Judiciary shall be independent and be subject only to this Constitution and other laws of Seychelles”.  In other words they, should not allow themselves to be influenced by any other consideration except the law.

Freedom of Expression, on the other hand is a right bestowed on every person living in Seychelles, including the Chief Justice himself as an individual and citizen. It is because of this right that we, the press exists. The judge’s duty is to set the demarcation line between the freedom to express ones opinion freely and the right of the individual to the safeguard of his or her reputation, rights, freedoms or private lives. 

The Judiciary, however, is an institution of the State under our Constitution. As such it has no inalienable rights. The Judiciary can only do what the law permits it to do, while the individual can do anything that the law does not forbid. That is the fundamental tenets of our democracy. We accept and the Constitution confirms it, that a law can exist “for maintaining the authority and independence of the courts…” (Article 22(2)(e)). This is the power the court has to gag the press against revealing to the public at large evidence during a trial for example, if such action is likely to prejudice a fair trial. This is not a license to censor.

 Over the years people in high places in our country have made good use of the justice system to silence the press whenever “lights were shone in dark corners”. One of the ultimate goals of any judicial system in any democracy anywhere in the world is to prevent the rich and the powerful from abusing on the weakest in society and not the other way round.

We all hope that the re-opening of the Supreme Court two weeks ago and the decision of the Chief Justice to clean up the clogged wheels of justice has signalled not only a turning point in the relationship between the office of the Chief Justice and the printing press, especially the ones not operating under the thumb of the President, the Cabinet of Ministers and other powerful people in Seychelles, but also to review the way justice is dispensed and to ensure that it is dispense without fear or favour and under the law at all times.

The time when one feared arrest because of ones personal opinion is over, dead and buried with the one party state and should remain so.  

October 12, 2007
Copyright 2007: Seychelles Weekly, Victoria, Mahe, Seychelles