Judiciary should polish its image
For two weeks running, the Judiciary has been kicked about over alleged misconduct of some of its officers. First, was the challenge by the Speaker of Parliament dismissing as “stupid”, an order by Deputy Chief Justice that sought to stop Parliament from inquiring into Shs6b controversially paid out to 42 government officials as a reward for having won Shs1.5 trillion against British oil firms in a London arbitration case. Second, was an accusation of bribery and loss of case files involving a High Court judge. And third, was the reported loss of more than 1,800 case files of court users seeking justice through the High Court.
These cases are not isolated but speak noisily of the growing public disquiet of irregular actions of court officials. At the centre is the growing public distrust of seeing some cases not cause-listed yet others are quickly cause-listed and acted upon with clinical efficiency. These manifest biases in the eyes of the public involving self-interested handling of certain cases is more than worrying.
Take the case of the Public Order Management Act 2013, which was challenged in court soon after coming into force. Even when this detestable law curtails rights to free association, assembly, and free expression and has been used to stifle these rights, the petition against has never been heard. Yet, the Judiciary needs no reminder that the courts are the last resort for justice and also the last arbiters of conflict or disagreements in society. And once this perception of the roles of court is lost and public faith in the high priests and temple of justice eroded, then the public will have nowhere to turn to for judicial assistance.
This, precisely, is why the Judiciary should responsively seek to restore public confidence in its officers and institutions. The Judiciary should guarantee that no officers of the courts should be seen to use the law to their advantage at the expense of the less privileged in our society. This is why the courts should stick with the often quoted and instructive saying that “Not only must justice be done; it must also be seen to be done.” This too is why the Chief Justice’s retort to the Speaker seems cavalier. His rejoinder that the Speaker or citizens should take responsibility where judicial officers are deemed to have acted inappropriately; “after all, you can appeal,” is not constructive.
The negative public perception, suspicion, and downright loss of trust in the Judiciary should not be lightly dismissed. For instance, one judge’s consistent injunctions against public good causes raise eye brows.
Overall, the Judiciary should ensure neither its high priests nor its temples of justice are used to manipulate or oppress the weak in society.
The issue: Judiciary
Our view: The Judiciary should ensure neither its high priests nor its temples of justice are used to manipulate or oppress the weak in society.
