Thursday, October 4, 2007

East African judicial officers counselled to apply law fairly

Vice-President Dr. Ali Mohamed Shein has challenged judges and magistrates in East Africa to apply the law fairly without regard to contingency and political pressure to ensure proper functioning of constitutionalism in a democratic society.

Dr. Shein made the remarks on Tuesday in Dar es Salaam at the opening of the sixth conference of the East African Magistrates and Judges Association (EAMJA).

``Justice in decision-making by judicial officers will make people more often focus attention on the integrity of judges and magistrates,`` Dr. Shein said.

He said constitutionalism was a topical theme the world over because the majority of people did not enforce many of their rights entrenched in their national constitutions due to poverty and ignorance.

``People have no access to courts because they can not afford the costs of enforcing the rights. Access to justice is one of the most basic human rights,`` he said.

He emphasised that justice was an essential component for any democratic state which relies on constitutionalism.

He said courts should be accepted by the public as the proper forum for the ascertainment of legal rights, obligations and settlement of disputes.

Dr. Shein noted that the independence of the judicial system was one of the most important elements of constitutionalism in a functioning democracy.

``It should not be taken to mean authorising judges to operate without laid down guidelines and laws,`` he added For his part, EAMJA president David Wangutusi said the association was concerned with the rights of accused persons, especially with the problem of congestion.

He said congestion in prisons was caused by a number of reasons, some of which were within and outside the judicial system.

``The current congestion of prisoners in courts has led to untold suffering because the majority inevitably lead to delayed disposal and therefore longer periods in remand,`` he said.

He said the association did not advocate freeing of the accused but expeditious hearing.

The conference, whose theme was `Constitutionalism: East African Experience`, brought together judges and magistrates from East African countries as well as other stakeholders.

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