Re-Opening of the Supreme Court |16 September 2014
Transform challenges into opportunities, says acting CJ
The Supreme Court was officially re-opened yesterday by Acting Chief Justice Durai Karunakaran after a six-week leave.
The day started with a mass at the Cathedral of Immaculate Conception conducted by Bishop Denis Wiehe and Bishop James Wong. Prayers from different religions were also read.
Due to heavy rain, the traditional march to the ‘Palais de Justice’ at Ile du Port was cancelled and all those present headed directly to the Supreme Court.
This ceremonial re-opening of the Supreme Court is an annual event, part of the British Legacy, which Seychelles inherited ever since the islands became a Crown Colony in 1903. It marks the beginning of a new judicial year and it occupies the centre-stage of the judicial calendar.
Contrary to previous years when it was a tradition for Chief Justices to announce the annual statistics on civil and criminal case loads, pending cases, backlogs, disposal rates, this time the Acting Chief Judge remarked that “since 2011 we have embraced a new digital tradition of publishing a detailed annual report containing all these statistics and details.”
This regular annual report is available online to any member of the public from anywhere and at any time on the judiciary’s website – SeyLII.org.
“I am proud to say that this is one of the fruits we have realised from the implementation of our first five-year strategic plan 2010‐2014,” said Acting Chief Justice Durai Karunakaran.
He also talked about the various goals set for the Judiciary. “The theme of this year’s re-opening is ‘Transforming Challenges into Opportunities’.
The challenges facing the Judiciary of Seychelles have been clearly articulated by the former Chief Justice in previous years’ addresses. There is no doubt that each transition presents its own set of challenges – challenges that we must now strive to transform into opportunities. All opportunities should be aimed for the continued progress towards our ultimate goals which are:
1. To effectively meet our constitutional obligations;
2. To administer justice and keep the path to justice clear of all and any obstructions;
3. To fulfil the legitimate expectations of the public and our nation;
4. To play our vital role in strengthening and institutionalising democracy, and promoting the rule of law and good governance. To be a guardian of the Constitution and maintain its supremacy and keep its basic structure intact at all costs;
5. To protect the fundamental human rights and freedom of the people;
6. To maintain the dynamic equilibrium between the three branches of the government through proper ‘checks and balances;
7. To respect and maintain the independence of each branch and the separation of powers among the three branches of the government ; and
8. To maintain and ensure that the ultimate sovereignty belongs to and vests in the ‘People of Seychelles’.
The Acting Chief Judge reiterates that the Judiciary needs the cooperation of partners, the two branches of the government, the Bar Association, civil societies, and non-governmental organisations to achieve these goals.
“As we unite to create a New Seychelles, we deserve a rejuvenated Judiciary. Now, the Judiciary has acquired the wherewithal and necessary capacity, infrastructure, technology and the potential to synergise and continue our journey to transform the Seychelles Judiciary as a centre of judicial excellence in our region. The Judiciary will thus continue to play its role as a watch-dog of the Constitution and safeguard the rights and freedoms of each and every Seychellois, guaranteed by the Seychellois charter of fundamental human rights and freedoms and render justice for all,” he said.
Talking about constitutionalism and interdependence, the acting Chief Judge said “the provisions of our Constitution are not mathematical formulas having their essence in their form. They are organic living institutions. This living institution vests each of the three branches of government with the solemn responsibility to support one another for the welfare of the people and advancement of the nation. The Judiciary is constitutionally built to stand firmly independent of the executive or legislature. This is simply an institutional independence, which is at times, misperceived as individual independence. To some it appears that the executive and the judiciary are contrary to each other because of the independent nature of their respective constitutional obligations and functions. But this notion is completely wrong. As a matter of fact, they complement each other. The aim of both these institutions and the legislature too, is to collectively achieve the common goal of common good for the common man.”
The media was another topic raised by acting Chief Justice Durai Karunakaran as he said they play a critical role in furthering accountability and transparency using its constitutional tool, the freedom of expression.
“An independent and responsible media shines light on corruption, inefficiency, and abuse of rights, and provides invaluable information to the public about the functioning of the essential organs of the State. It reports reliably and accurately, which enhances its professionalism, credibility and trustworthiness. However, an irresponsible media may risk doing more harm than good, particularly in situations involving inaccurate or inappropriate, or even prejudicial coverage of pending judicial proceedings or infringing the privacy and rights of the institutions or individuals. In this regard I wish to congratulate the Seychelles media for having adopted the code of conduct for journalists in Seychelles.
It is a welcome development that complements our own recently adopted Codes of Conduct for the Bench and the Bar. Our Judiciary is transparent and prepared to play its part, both in providing timely and accurate information about court operations, as we recognise and respect the freedom of expression, guaranteed by the Constitution. We would earnestly remind the fourth estate (the media), which professes to be one of the main pillars of democracy, that ‘freedom of expression’ is not a license to commit contempt or to infringe upon the rights of others or to breed hate speech. It would be admirable if the fourth estate uses its power for constructive criticism promoting unity and social harmony.”
In his speech, the Acting Chief Justice Durai Karunakaran also talked about a modern Judiciary which earns respect and esteem only through making itself accountable and transparent to the public. Accountability and independence can go hand in hand.
“We do recognise the right of the public to criticise constructively our performance, functioning and even judgments as an important feature of free speech. No doubt, the Judiciary is accountable as a public institution. In the last five years, we have shown our genuineness as to transparency. You have witnessed a sea-change in the level of transparency in the basic operations of our Courts. It is now incumbent on us to carry that momentum forward into our next strategic plan which will span 2015 to 2019,” he confirmed.
Speaking about legal technicalities he pursued: “I note that while the prisons continue to fill, persons who are acquitted at trial are often viewed by some, as going scot-free on ‘legal technicalities’. The blame is often laid at the door of the Court House and the legal system. It is true, society is hurt when a criminal escapes punishment because of a ‘legal technicality’, but in the long run, a democratic society is hurt still more, when lawless conduct by law enforcement agencies go unchecked. If the Republic does not discharge its evidential burden to prove the case to the required standard, the courts cannot be expected to change its role and make up the difference. This also applies to civil cases, particularly in situations where attorneys are not adequately prepared to present their clients’ case.
One may have a good case, but unless the case is fully and properly presented to court with admissible evidence, how would the court be able to appreciate and decide on merit? Judges and magistrates can be compassionate and flexible, within the law, but they cannot represent and conduct the case for the prosecution or for a party to the litigation. It is the duty of the legal professionals, the prosecutors especially in criminal cases and members of the law enforcement agencies to give the court all the information and adduce admissible evidence it needs, to deliver a just decision.”
The capacity of the Judiciary of Seychelles to deliver timely and effective justice has been strengthened this year by the arrival of a new Supreme Court Judge, Justice Akiiki-Kiiza, the Registrar of the Supreme Court, Juliana Esticot, and Ranjana De Silva as financial controller. To date, the Judiciary of Seychelles has eight judges, out of which five are Seychellois. There are also five magistrates.
The Acting Chief Judge also talked about the prison, family tribunal, the court annexed mediation programme, the new building for Magistrate Courts, the Supreme Court annex and the family and employment tribunals to come within the Judiciary.
He concluded his speech by calling on all the players in the administration of justice, including all members of the private bar and government bar, the police force, the prisons service and the social service “to rededicate yourself this year for the continued service to our people. Service to mankind is service to God!”
The mass and the re-opening of the court were attended by the Speaker of the National Assembly Dr Patrick Herminie, former Chief Justice of Seychelles, Justice Ranjan Perera, Justice Francis MacGregor, the President of the Court of Appeal, Justice Fernando from the Court of Appeal, judges of the Supreme Court, Attorney General Rony Govinden and members of his legal team, worships, magistrates, the bishops, the chairman of the Bar and members of the legal profession, and members of the diplomatic corps.
The following are some of the photos taken during yesterday’s ceremonies marking the re-opening of the Supreme Court.
