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The Judiciary ought to endeavour to do better
2006-02-15 07:31:52
By Editor
President Jakaya Kikwete on Monday threw a challenge to the Judiciary in the country to enhance fair administration of justice by ensuring that cases are disposed of quickly, as well as treating people equally regardless of their social and/or financial status.
The President said this in Dar es Salaam during his visit to the Ministry of Constitutional Affairs and Justice.
Speaking to top officials of the Ministry, Kikwete nevertheless commended them for doing a good job, but added that they should endeavour to address the now common complaints, specifically on cases delay and on the need for equal treatment.
Quoting a common judicial axiom that ’justice should not only be done, but must also seen to be done,’ The President said it was not a question of doing justice in principle, but people must see and acknowledge that justice is actually being done.
While we also commend the Judiciary for the good work performed under severe limitations, we would like to stress on the President’s challenge to the institution, one of the three pillars of the state, that ensures checks and balances to the other two – the Executive and the Legislature.
The noble principle that every citizen is equal before the law should not be spelt out in words only, it has to be taken on its literary sense.
One of the main complaints repeatedly being raised is that offenders who have financial muscles are treated more favourably than poor ones.
This gives credence to the other claim that our jails are overcrowded by offenders who, because of their poverty, could not ’buy justice.’
In other words, the jails are overflowing with ’blue-collar’ criminals, whilst most of the ’white-collar’ criminals ensure they never approach the gates of these penitentiaries.
Is the government itself not enhancing the status quo? Let’s consider the amendment to the Election Act that requires a petitioner challenging the election of a Member of Parliament to deposit with the court 5m/- before filing the case.
This clearly keeps out the petitioners who are poor from justice.
Even though there are certain provisions that can still allow petitioners without that amount of cash to file his/her case, it will still depend on the decision of an individual.
It is often held that the law, in its majestic equality, forbids the rich as well as the poor to sleep in public places, to loiter in the streets, or to steal.
If that is the case, then everyone should be treated equally before the law, should they happen to be arrested.
We think the Judiciary is duty-bound to exercise equality in dispensing justice, because if it will not do so, it may affect the country’s peace and stability.
Justice, experts say, is mere conscience, as it is meted out by human beings who are imperfect.
It is not a personal conscience, but the conscience of the whole of humanity, hence those who clearly recognize the voice of their own conscience, usually recognize also this voice of justice.
As for overcrowding of our jails, including remand prisons, it had been advised that this could be considerably reduced if more liaison between the courts and the police was insisted on – speeding up investigations and mobilising witnesses.
It also includes more implementation of what had been decided upon – especially on the need for imposing suspended sentences.
As the President said, cases delayed due to prolonged investigations as well as court injunctions, need urgent solutions as these have always led to suspicions from members of the public who often allege corruption.
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