mkhulunews Allowing, for instance, the Executive to by itself determine or have the final say on the Terms and Conditions of Service for judicial officers would in effect make judicial officers subordinate to the Executive. That would create the impression, for good reason, that judicial officers would and do favor the interests of those that butter their bread. That can, in turn erode the public’s confidence in the independence of the judiciary. The Judiciary would then be perceived as failing to provide the necessary checks and balances on abuse, actual or potential, of Executive discretion. It would also create the impression that the judiciary is negotiating with the Executive, which for good reason in our opinion, the case authorities and even our Constitution abhor. ... Negotiations involve compromises. Give and take so to speak. Questions will always arise as to what the judiciary gave or took in order to get any suggested improvements to their Terms and Conditions of Service approved. Could the loss of their independence have been part of the deal? Lord Lovemore Chikopa Sr. With Lord Richard Chinangwa and Lord Maclean Kamwambe concurring: The State v The President, Minister of Finance and Secretary to the Treasury; ex parte Malawi Law Society, Constitutional Case No. 6 of 2006 (unreported)
Posted on: Thu, 01 Jan 2015 15:35:34 +0000
Trending Topics
Recently Viewed Topics
© 2015