Removal of Chief Justice is not a solution to the predicament facing the Judiciary
By Molana Arop Malook Lual, Juba, South Sudan
May 2, 2017 (SSB) — The judiciary of south Sudan is provided for under Article 122 of the Transitional Constitution of the Republic of south Sudan 2011 as amended 2015 and is headed by the Chief Justice. The appointing authority of the chief justice is the president of the Republic prior approval of the two-thirds majority of all members of the Assembly (parliament) provided for under Section 22 (1) of the Judiciary Act, 2008.
The demand of the Judges and Justices requesting chief justice to resign or being remove is not the solution to the problems that are facing by the judiciary, it is a human panoply. The multiple of the suffering and lack of the judiciary independence is not a cause of chief justice but the weaknesses or loopholes of the country Rule of law.
The position of Chief Justice in this very country had not been protected and for that matter chief justice has to protect his or her position by being royal to the appointing authority no doubt for it in order to retain his/her position since he/she is the bread provider of his/her family.
Presumably mounted over-weening excesses where chief justice can be remove or decree out anytime, any hour upon if he/she contradict with the appointing authority in the arena of the changes demand nothing will change.
In other world or country where the judiciary effectiveness and independence are tested better, the position of the chief justice is protected by the law. How? The removal of Chief Justice from the post is complicated for the Country’s president not to remove any how or at any surprise in whatsoever mean necessary there the head of judiciary will not fear to deliver justice and good working condition to the Judges and justices.
Unlike in south Sudan where the position of chief Justice is not protected, the suffering, sprung oppression, slavery and poverty for justices and judges will still running amok too.
Freedom spoke slowly gathering verbal momentum: justices, you are mystical but in the end precisely note that laws are made by men & women , justice merely refers to misdeeds but not the essence of what we seek, equality smiled wryly at freedom ‘s joke saying, but your freedom have many aliases, many definitions labeled. Should the chief justice try to work in a way you thinking, that is already automatic decree for him which will not be a remedy for him.
Therefore, in order to have effective and independence judiciary from the executive the position of chief Justice must to be fight for to be protected and his/her removal is subjected to harder procedure. Believe me you, even if those judges and justices who are heading this strike happen one of them to be appointed as a chief justice. There will be no different from the current leadership of the judiciary because he/she will try by any mean to protect the position.
To my calculation, I suggest that the reforms must start from the rule of law then appointment and removal be complicate from the executive and vetting and approval of parliament be adhere too. There this country will enjoy the effectiveness, good working conditions and the independence of the Judiciary but as far now if though judges and justices strike for one year nothing will change.
The writer is a City Lawyer base in Juba and can be reach on E-mail: aroplualdit@gmail.com
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