Guyana Justice Chancellor tips on judicial independence

Feb 06, 2017

Singh cautioned that courts must never misuse sub judice to stifle necessary public debate.

The Chancellor of the Courts of Guyana, Justice Carl Singh, has tipped Uganda's Judiciary on attaining full independence, saying it is a cushion of the rule of law.

He made the remarks​ at the 19th Annual Judges' Conference at Speke Resort in the city suburb of Munyonyo.

It was held under the theme ‘The Uganda Judiciary as the Guarantor of the Rule of Law'.

The Chancellor's tip comes at a time when the Justice and Constitutional Affairs minister Kahinda Otafiire, promised to table before Parliament the Administration of Justice Bill, intended to give the Judiciary absolute independence

Singh, who presented a paper on ‘The Role of an Independent Judiciary in Emerging Democracies', noted that his country's Judiciary has total independence over its activities but are subject to the audit by the Auditor General.

"Judges have been described as guardians of the democratic state.An independent judiciary isnot an end in itself but a cushionon the rule of law," Singh said.

He noted that a Judge should be free from influence of his colleagues. Singh explained that the only influence should be the understanding of the facts of law, placed before him.

Reacting to the presentation, Justice Moses Mukiibi(High Court), noted that several factors make an interplay in the question of individual Judges independence.He cited application for bail,nature of the crime like terrorism.

Mukiibi also cited the rhetoric of the executive, and the re-arresting of the people in the precincts of court.

In response, Singh said each case must be considered on its own merits. He observed that if there is a threat to national security, court decline bail grant on this premise.

Asked by Justice Augustine Nshimye(Supreme Court) what Uganda's Judiciary can do to emulate Guyana, Sigh responded that persistence and insistence is key.

Justice Esther Kisaakye-Kitimbo(Supreme Court), said the public is very expectant and raises accountability queries, when judges do not have to explain their decision.
But Singh responded that a judge demonstrates accountability by giving reasons for a decision.

Justice Eudes Keitirima(High Court), said the judiciary should strive to dispel the impression that the judiciary, as the third arm of government, ranks lowest.

Asked by Justice Stella Arach-Amoko on what experiences Uganda's judiciary can draw from Guyana's to tackle case backlog, Singh responded that the phenomenon is not unique to Uganda.

Justice Wilson Kwesiga(High Court), noted that sometimes, the press exerts undue influence on judges prior to making decisions.

But Singh cautioned that the judiciary must not base their decisions on press reports influence.

Justice Kenneth Kakuru(Court of Appeal), noted that courts have invaded the people's turf with the sub judice rule(making public statements about ongoing court proceedings).

Singh cautioned that courts must never misuse sub judice to stifle necessary public debate.

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