judicial independence

Jul
20
2018

"Passing the baton" for judicial discipline in Seychelles

By Carmel Rickard

JUST weeks after a top level judicial delegation visited Seychelles and offered help in resolving the conflict gripping the islands’ judiciary, there comes a significant new development: the constitutional court of Seychelles has dismissed the latest appeal of the suspended judge who is at the heart of the ongoing, tense situation.

THE delegation from the Southern African Chief Justices’ Forum was invited by the judicial leaders of Seychelles for a fact-finding mission against the background of growing judicial difficulties.

Jul
20
2018

Landmark Ugandan decision highlights judicial accountability

By Carmel Rickard

TWO crucial judicial principles, independence and accountability, have clashed with each other in a landmark judgment by Uganda’s highest court. Unusually, the case produced seven separate decisions, one a dissenting judgment – and it has also sparked strong criticism from outside the court. The case concerned the right of the judicial disciplinary body to charge a registrar, someone who exercises judicial powers in Uganda, with misconduct in relation to an action she took in the course of her judicial duties.

The case begins in 2009 when deputy registrar Dr Gladys Kisekka issued a warrant for the attachment of certain property following a default judgment. A few months later she received a letter from a law firm, protesting that some of the land scheduled for attachment belonged to their client, and not to the judgment debtor in the case.

Kisekka immediately recalled the warrant in respect of the disputed property and copied her letter recalling the warrant to all the parties.

Apr
20
2018

PEN Report: Criminal Defamation is Used to Stifle Dissent in Africa

By Carmel Rickard

JUDICIAL independence and media freedom are usually linked. In countries where judges feel unacceptable levels of government pressure it is probable that journalists will be experiencing the same thing.

As far as journalists are concerned, criminal defamation is a serious problem hampering the media and undermining the watchdog role of journalists in many African countries. Typically, criminal defamation is used by political and business leaders in particular, to prevent journalists from investigating and writing about personal corruption, corruption in government departments or corruption in business.

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