African leaders fond of `phone justice`

African leaders fond of using phone calls to dictate to judges and magistrates on the handling of court cases have come under scathing attack for blatantly interfering with the independence of the judiciary.

Joaquine De Mello, President of the Bar Association of Tanzania, led the attack in Dar es Salaam yesterday when presenting a paper on the realities of judicial independence in East Africa on the last day of the conference for the region?s association for magistrates and judges.

She charged that ``telephone law`` has become part of the legal framework of many African countries, with many leaders and the affluent making it a habit to contact judges and directing them on what to do with court cases.

She acknowledged the fact that the concept of judicial independence was foreign but explained that there was every need for Africa to observe, safeguard and practise it.

``Africa is replete with stories of abuse of both the rule of law and historical interference of the independence of the judiciary,`` observed De Mello, accusing East African States of having been found wanting in many respects on that score.

``The three EA states (Tanzania, Kenya and Uganda) and their common law system have enshrined in their Constitutions the notion of judicial independence and separation of powers.

It is not however entirely without its criticisms,`` she stated, adding that judicial independence demands that judges be sincere and truthful to the oath they have taken upon their appointment.

She called upon judges throughout the world to administer justice without fear, favour, affection or will and to be true to their oath for the sake of fair access to justice by all.

``The two doctrines of rule of law and judicial independence are intricately intertwined in such a manner that one cannot separate them. They should jointly be promoted and protected,`` emphasized the BAT president.

She described the rule of law was a cornerstone of democracy, saying it was impossible to develop a rule of law culture or system without a fair and efficient independent judiciary accountable to and supported by the citizenry.

Uganda`s Justice Mary Maitum, meanwhile, defined judicial independence as the freedom of judicial officers to go about their duties and responsibilities without external influence.

She said that judicial independence was not a privilege enjoyed by judges but rather a matter of life and death that hinged on the people`s constitutional right to equality before the law.

Maitum explained that judicial independence was especially at risk, and therefore of fundamental importance and relevance, in developing countries where cases of abuse were rampant.

``It is only when judicial officers are left to do their job without interference even from the judicial system itself that both litigants and criminal offenders can be confident of getting justice,`` she added.

Prof Sifuni Mchome, Dean at the Faculty of Law at the University of Dar es Salaam, said in a presentation on the East African Community Treaty that leaders in the region had good ideas and aspirations but significant amendments to the treaty were necessary to make it legitimate and more effective, democratic and transparent.

``The challenges that the EAC is going through suggest that, to ensure success in the endeavour to form a political union, the respective leaders should view the whole process primarily as an approximation to the establishment of a single State and within the premises of constitutionalism,`` he said.

The three-day conference, whose theme was `Constitutionalism: East African Experience`, brought together judges and magistrates from East African countries and a number of other stakeholders.