The Chief Justice, Vivekanand Alleear, it seems, has not been oblivious to President’s James Alix Michel’s recent spate of redundancies. It has become increasingly apparent that he is living in his last chance saloon. On Monday evening on SBC television the Chief Justice, in a state of desperation and urgency, unexpectedly announced that the Court will commence Saturday sittings from 9.00 a.m to 3.00 p.m. and will also consider sitting until 9.00pm to clear the backlog of cases pending before the Courts. In a move that surprise many, he said that he will personally supervise these sittings. It appears that the Chief Justice has slowly lost control of the judiciary so much so that the President of the Republic, breaking away with tradition, launched a verbal onslaught on the state of the judiciary in his State of the Nation address earlier this year.
This is what the President had to say about the judiciary:-
“Mr. Speaker, I cannot speak on law and order without commenting on the judiciary. We have a lot of respect for this important institution which is one of the three pillars of our Republic and our democracy. But I share the frustration of people who have to put up with a wheel of justice that is heavy and turning slowly. Law and order in our country depends on a judiciary that is equitable, and which serves people and the law in a prompt and efficient manner. All Seychellois are accountable before the law. All judges and lawyers are accountable before the same law.
We believe that all judges must use the law to administer justice in an honourable way and which also allows people to benefit from their legal representation in a worthy manner. We are aware that there are many cases pending. The judges have to do all they can to ensure that all cases are dealt with in a reasonable length of time.
At the same time, I appeal to the Seychellois people not to link respect for the law with political opinions. Everybody is accountable before the law. Our Constitution has provisions for competent institutions to ensure respect and application of the law whenever there are problems.
On this note I think I should also emphasise the need to educate our youth on the significance of our supreme law. Government will soon undertake the distribution of copies of our Constitution to our young people with the aim of sensitizing them on the laws of our motherland.”
Many perceived the President’s address then as a public humiliation of Alleear and expected the Chief Justice to step down soon after as the high profile public address clearly showed that the President had lost confidence in his Chief Justice. However, Alleear rode the storm and survived the verbal onslaught. Later, in yet another move by the government to send a clear message to Alleear that he had fallen out of favour with the current administration, the police placed a “NOTICE NOT TO USE” sticker on the windscreen of Alleear’s car which further embarrassed the Chief Justice in public.
In a recent edition of the SPPF mouthpiece “The People,” the President commented again on the numerous complaints his office has received in respect of the judiciary. It was not surprising therefore, to see the Chief Justice then, using the auspicious occasion of the re-opening of the Supreme Court, to give an interview to SBC in which he informed the public and the President that he is determined to do something about the complaints and criticisms of the institution which he heads.
He also said that the Court will also adopt Informal Conflict Resolution procedures to resolve cases, promptly, efficiently and expeditiously. However, the Chief Justice announcement has been seen by many as a last ditch attempt to save his job in the wake of large scale redundancies recently implemented by the government. The Chief Justice has also been at the receiving end of criticisms for his public condemnation of the Judges of the Court of Appeal, in an attempt to divert attention from his own failings. However, some has argued that to be fair to the Chief Justice, he would be correct to argue that the judiciary has not received much support from the government to tackle the problems in the judiciary.
The physical building that houses the court house is derelict and in a state of neglect and abandonment. The paint is peeling off the walls and there are big gaping holes in the ceilings. The staffs are over-worked and under-paid and lack the necessary motivation and courage to do their jobs properly and efficiently. In the light of the Chief Justice’s recent interview on SBC television, many are now asking whether the Chief Justice’s performance is not a case of too little too late.