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Incomplete Independence of Our Judiciary

Incomplete Independence of Our Judiciary

The independence of the judiciary is one of the main pillars of democracy which this country and many others claim to be practicing. For a democracy to be healthy, the judicial arm of government is supposed to be very independent to enable it dispense justice without fear or favor. A judiciary that suffers from heavy political interference can obviously not dispense justice in every case.

In Sierra Leone, our judiciary is not completely independent as it is economically not self-reliant; magistrates, judges and other key players in the justice system are employed by government, a situation which makes our judiciary highly prone to political interference. It is naturally very difficult to dispense justice against the one that employs you.

Therefore, if we are serious about free and fair dispensation of justice, then we should try to take our magistrates and judges out of government employment, otherwise, the independence of our judiciary will remain incomplete. Let international Non-Governmental Organizations be employing and paying our magistrates, judges and other senior officials of our judiciary appreciable salaries to make them economically non-dependent on government, such arrangement bears the highest potential to make our judiciary less vulnerable to political interference and corruption.

As long as our Attorney-General Minister of Justice, judges and magistrates continue to be appointed and paid by government, an ordinary citizen will hardly win a legal battle against a top government functionary. Who would want to dispense the kind of justice that could cost him his or her hard-earned prestigious job?

While agreeing that the judiciary constitutes a pertinent arm of government, the crucial role it plays in the governance system warrants its complete independence in terms of employment and payment to make it free and fearless enough to give verdict even against highly placed government functionaries when occasion demands.

Those International and local Non-Governmental organizations expending millions of US Dollars to ensure effective justice delivery for sustainable peace need not be reminded that all their monies and efforts will never yield the required dividend if our judiciary continues to be tied to the apron string of government.

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