CJ to judges: Manage court services with discipline

Chief Justice (CJ) Gertrude Sackey Torkornoo has stressed the importance of conducting justice in an environment where citizens feel secure and confident in the integrity of the legal process.

She was speaking at the 43rd Annual General Meeting of the Association of Magistrates and Judges of Ghana (AMJG) in Accra yesterday, under the theme: “Improving the Security and Welfare of the Judiciary for Effective Justice Delivery.”

CJ Torkornoo reminded judges that as custodians of the Constitution and Ghana’s laws, they must be aware of how their court practices impact the citizens they serve.

“We must consider ourselves accountable to court users and manage court services with discipline,” she stated.

She emphasised the complex responsibility judges have in interpreting applicable laws to resolve disputes, noting that the trust Ghanaians place in the judiciary is demonstrated by their willingness to surrender their disputes for resolution. This trust allows judges to make decisions that significantly affect individuals’ rights and obligations.

Expressing gratitude to judges, magistrates and judicial staff for their dedicated service, CJ Torkornoo affirmed that the judiciary can effectively deliver justice as a vital arm of government.

She addressed critical issues concerning judges’ welfare and security, as well as the financial independence of the judiciary.

Currently, the judiciary oversees approximately 800 buildings – 420 courts and 390 residential properties – yet not all judges are adequately housed, which leaves them vulnerable.

Because of empty and dilapidated judges’ bungalows, many judges are forced to rent accommodations when assigned to different regions.

This not only increases cost for the national budget, but also exposes judges to security risks and undermines the integrity of the judiciary.

CJ Torkornoo raised concerns about recent actions by the Lands Commission, which have threatened to sell judicial properties to private developers under urban redevelopment schemes. She described her efforts to combat these encroachments, including legal actions initiated to protect the judiciary’s assets.

The Chief Justice has engaged with various ministers to address these pressing issues and reaffirmed her commitment to prioritising judges’ safety and welfare.

She underscored the importance of proper maintenance and planning for judicial facilities to create safe and functional environments for effective justice delivery.

A committee has been established to focus on these challenges and she expressed hope that future initiatives will enhance the conditions of courts and judges’ residences, ensuring they are secure, convenient and fit for purpose.

On the issue of illegal mining, she also attributed part of the blame for prosecutorial delays to the Attorney-General’s office.

Addressing ongoing concerns about case delays, CJ Torkornoo noted the frequent complaints her office receives, regarding excessive adjournments within the judicial system.

“I urge judges to move away from the practice of merely fixing cases for mention,” she said, emphasising that this often frustrates litigants who invest time and resources only to face repeated delays.

Drawing on her two decades of experience as both a trial and appellate judge, she proposed including witness statements as a standard part of the trial process to minimize unnecessary adjournments after case management conferences.

“It should not be standard for parties to leave their work, incur travel expenses and spend hours in court, only to be told to return on another date,” she emphasised.

Additionally, she outlined past initiatives aimed at improving financial independence and accountability within the judiciary, while acknowledging ongoing projects to construct new courts and enhance living conditions for judges.

Regarding technological advancements, she announced ongoing efforts to digitize judicial processes, including virtual hearings and electronic filing systems, which are essential for improving access to justice and operational efficiency.

The Attorney-General, Godfred Yeboah Dame, on his part underscored the judiciary’s critical role as Ghana approaches the 2024 general elections.

He emphasised the judiciary’s essential function in maintaining democracy during this crucial period.

Mr. Dame announced plans to expedite the resolution of electoral disputes through proposed amendments to the Representation of the Peoples Law, 1992.

He expressed concern about rising violence and incitement surrounding the elections, drawing parallels to recent civil unrest in the UK and the US.

“When protesters exceed the limits of free expression, they must face the law,” he stated, stressing the need for the judiciary to address lawlessness decisively to preserve national peace.

He also called on judges overseeing illegal mining cases to expedite proceedings to address a national crisis that threatens environmental and social stability.

Reiterating his commitment to improving conditions for judges, he pledged ongoing support for initiatives aimed at enhancing judicial infrastructure and health.

Justice Henry Anthony Kwofie, President of the AMJG, opened the meeting by acknowledging the pressing challenges of unpaid allowances.

Justice Kwofie noted that many challenges discussed in the previous year’s annual general meeting remain unresolved, particularly regarding judges’ allowances and overall welfare.

“Regrettably, the situation has not improved, in fact, it has worsened regarding full allowances,” JusticeKwofie stated, acknowledging delays in critical reimbursements, such as fuel and vehicle servicing, leading to growing frustration among judges.

He emphasised the need for timely payments and suggested that integrating allowances into salaries might enhance financial stability for judges, though he acknowledged concerns about potential tax implications.

The meeting also addressed security measures for judges, particularly in light of recent violent incidents in other countries.

Justice Kwofie called for improved security protocols, including the installation of CCTV cameras in courts and enhanced protection for judges in rural areas.

He urged the government to prioritise the judiciary’s welfare, stating the work of the judiciary is the bedrock of constitutional rule.

Justice Kwofie expressed gratitude to the AMJG’s executive and committees for their ongoing efforts, emphasising the importance of unity and cooperation in advancing the judiciary’s interests.

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