Soft re-opening of the courts under the theme ‘For peace, cultivate justice’ |16 February 2021

CJ Govinden delivering his address (Photo: Louis Toussaint)

‘If we want peace we need to cultivate justice’ - CJ

Instead of the traditional grand ceremony for the annual re-opening of the courts, yesterday saw a ‘soft opening’ with a low-key ceremony in Court Room 1 of the Supreme Court, Palais de Justice under the theme ‘For peace, cultivate justice’.

This was decided by the Chief Justice’s Office as an appropriate alternative to the traditionally grand ceremony, after the formal re-opening scheduled for early January was postponed due to the Covid-19 outbreak in the community and ongoing restrictions on gatherings.

It was also Chief Justice Ronny Govinden’s maiden speech for the occasion, following his swearing in as Chief Justice on November 9, 2020.

Yesterday’s ceremony kicked off with prayers by Pastor Robert Moumou from the End Times Harvest Church followed by prayers from Anglican Church representative Bernard Georges and Roman Catholic Diocese representative Judge Samia Andre.

There were special blessings for judges and lawyers followed by special blessings for court clerks and court officials and the final blessings were given by Bishop Alan Harel and Father David Alcindor (Roman Catholic Diocese) and Bishop James Wong and Reverend Daniel Kallee (Anglican Church).

After the prayers the first case was called by the Registrar of the Supreme Court and which was rescheduled for a later date in February.

Chief Justice Ronny Goviden then delivered his first speech for the year under the theme ‘For peace, cultivate justice’, in which he laid down his priorities as Chief Justice.

Seychelles flag in all court rooms with the National Anthem

Right at the outset, CJ Govinden announced that as of now, there will be a Seychelles flag and the National Anthem will be played during important court events. “The Judiciary of Seychelles is the third arm of the state. However, though it is an integral part of the Republic and indeed playing an essential role therein, it has over the years not been forthcoming in accommodating the presence of the symbols of the Republic on its premises or during its activities and ceremonies. Contrary to the Executive and the Legislature, which proudly displays the National Flag inside its official premises and which plays the National Anthem during important events, the Judiciary has, over the years, relegated itself only to displaying the seal of the Republic of Seychelles in its courtrooms and tribunals. I have reflected on this subject and after much reflection I have come to the conclusion that the presence of symbols of the Republic cannot infringe our independence. To the contrary, it reinforces our independence as they show that we abide by and cherish the values that they enshrine as revealed by our Constitution. It is for this reason that I have taken the decision that henceforth our eloquent National Anthem will be played at the ceremony of the re-opening of the Supreme Court. I have also taken steps of having our national flag displayed in all of our courtrooms and tribunal starting with court number 1. To me it is not a mere object of decoration but is also a symbol of values that we all aspire to. In our courtrooms it proudly signifies that though we are separate and independent from the other arms of government we are also equal and form one in our conformity to the ideals of constitutionalism and it will act as a constant reminder to ourselves and court users that every decision that we take we do so on behalf of the Republic and people of Seychelles and not on our own behalves.”

‘For peace, cultivate justice’

Talking about the theme for the year ‘For peace, cultivate justice’, the CJ noted that the theme is similar to the ILO’s original building in Geneva, ‘Si vis pacem, colejustitiam’ (‘If you desire peace, cultivate justice’).

“The ILO’s Constitution begins with the affirmation ‘that universal and lasting peace can be established only if it is based upon social justice’. It is in this spirit that we approach our theme for this year. However, we have expanded it further. Our cry is that peace, which is a concept of societal friendship and harmony and the absence of hostility and violence, can only be founded on justice in its holistic sense as enshrined in our Constitution.”

CJ Govinden explained that for the Judiciary, peace is not a self-perpetuated but created and we need it now more than ever before, firstly, because we are still going through a political transition. It is only a couple of months ago that we had a change of government. This peaceful change that we all take for granted can easily turn into conflict if we are to lack wisdom and understanding.

Secondly, there is the ongoing process to find the truth which will lead to reconciliation and national unity which is being led by the Truth, Reconciliation and National Unity Commission leading another transition process, so far this also has been peaceful.

“We, thirdly, need peace as we are going through a tough social and economic time that can easily lead to civil discontentment, if its consequences are not properly managed. Harmony is essential to economic growth and is the catalyst of all progress and developments in any country.

“Finally, we need peace among us brother and sister judges, for if we are not at peace between ourselves how can we do justice,” asked CJ Govinden.

‘Corruptive practices should not exist in our midst’

CJ Govinden emphasised that the Rule of law is what keeps everything together in a democracy. “As the guardian of the Constitution the judiciary will continue to ensure that everyone acts in accordance to law.This said, we should also not lose count of the fact that as a product of the Constitution, we judges are also obligated by its provisions. We are duty bound to uphold our oaths of office and we have an obligation to act with integrity. Corruptive practices should not exist in our midst or be tolerated by us, if there is any founded complaint of corruption I will without hesitation institute the disciplinary process irrespective of whether he or she is one of our own. I am conscious of the need for us to eradicate corruption in this country and it is the judiciary’s undertaking that we would deal with all such cases effectively and in accordance to law irrespective of the status of the accused person and whether he or she is a member of the Executive or the Legislature.”

CJ Govinden also talked about how a judge should be able to be firm and be bold in his or her judicial opinion even if this is to displease any persons, including his peers. “We should be able to do this while at the same time embracing the principle of collegiality, which is the idea of promoting good relationship in the process of judicial determination between colleagues.”

Backlog cases and budget

The CJ maintains that the Judiciary will keep working on reducing the backlog cases and state that the Judiciary should cultivate justice by ensuring that substantial justice is the guiding beacon in our decisions and in our quest to remove the backlog of cases, lest we are to turn the judicial process into a mere mechanical process. “But due to the ongoing pandemic, there has been a reduction in our activities thus not being able to maintain our objectives. I will continue with the same dynamic as the former CJ Twomey.”

Regarding the budget of the Judiciary, which is an independent arm of the state, CJ Govinden noted that there is a constitutional principle that says that there should be no interference in the internal affairs of the Judiciary. “Yet our budget is managed and apportioned by the state. We are aware and we understand the need for fiscal discipline by everybody during this dire time. However, we demand that the government be more engaging with us when it comes to imposition of budget restrictions, given the constitutional implications that they impose so that we can, in a spirit of understanding, chart a way forward.”

Vision 2025

A new strategic plan will be made available early this year; it will consist of new strategic goals and objectives. “We are doing this with the understanding that the Judiciary is committed to sustaining the progress made under our last vision. Since last year, the Judiciary began the process of reviewing its progress made under Vision 2020. The purpose of this review process was to reflect on the pillars and objectives in Vision 2020 and to identify the Judiciary’s successes, and areas where the Judiciary perhaps did not achieve as much as it would have liked to and to understand why and come out with a Vision 2025. A strategic plan is not a one-off exercise, and the goals of Vision 2020 remain relevant, and will continue to form part of the Judiciary’s vision and mission going forward.”

This year the Judiciary will continue to grow on our strategic pillars which consist of streamlining court processes, innovating case administration solutions, revamping the legal aid scheme, encouraging better employee relationship, repositioning our public image, upgrading public infrastructure, engaging local partners, and securing greater financial autonomy.

Infrastructure

Palais de Justice was completed in 2013 but the state of the building is an eyesore with infestation of pigeons and cracks in the building. Answering a question from our newspaper, CJ Govinden stated that “a memorandum of understanding has been signed with the Government of China to renovate the façade of the Palais de Justice which has suffered wear-and-tear and a pigeon infestation. Works inside the Palais de Justice, including rewiring of the electrical system and preventative measures against termite and fungus infestation in line with health ministry recommendations, have been undertaken.”

Another change was the completion of the building of the new Magistrates’ Courthouse on Ile du Port in 2020 with the financial support of the Indian Government.“This relocation of the Magistrate’s Courts to Ile Du Port means that all Courts and Tribunals now operates from a single point, allowing for shared resources, improved intra-court communication, and allowing lawyers to move between courts more easily,” explained CJ Govinden.

At Anse Royale courthouse, some much needed renovations have been made and work is ongoing.

In his closing remarks, CJ Govinden thanked one and all – Justices, Judges, Magistrates, presidents and members of tribunal – who have diligently and dutifully carried out their duties in the year 2020 striving to abide by its theme, Courage and Commitment. He also thanked the private bar, the Attorney General and members of his office, the Commissioner of Police and members of the Police Force, the Superintendent of Prisons and members of the Prison Services, the probation services, the social services among so many others for their partnership. To the people of Seychelles, he thanked them for their patience and understanding of the limits and constraints that both the law, lack of resources and our present circumstances impose on us. We will continue to strive to make our procedures and practices more user-friendly in order to ensure that you get the Judiciary that you deserve. Now as we move forward in this year, it is evident that if we want peace we need to cultivate justice. Let this not be a mere slogan but let us live and practice the principle and sentiments that it echoes.

This soft opening was attended by Master Brassel Adeline, Judge Melchior Vidot, Judge Gustave Dodin, Judge Samia Andre and Judge Laura Pillay together with the magistrates, and few key judiciary staff. Two judges were not in attendance, Judge Ellen Carolus who chose to follow live from home due to health concerns about the Covid-19 pandemic and Judge Mohan Burhan who is currently on leave.

Vidya Gappy

Encadre

Statistics – 3183 cases completed

A total of 3170 cases have been filed before the Supreme and Magistrates Court last year. Judiciary completed 3183 cases, as they continue to decrease the backlogged cases. There are still 2174 cases pending before the Supreme and Magistrates Court – both criminal and civil cases. The Employment Tribunal saw 223 cases brought forward since 2019, of which 184 were completed last year. In total 73 new cases were filed in 2020. This leaves us with 112 cases still pending.

“The Office of the Chief Justice continues to actively monitor the case management and the reduction of the court case backlog, which has seen a year on year reduction. During 2018 and 2019 court recording systems have been introduced into all of the Magistrates’ Courts and Tribunals enabling better and quicker resolution of matters with the elimination of the need for a hand written record. Furthermore, the case administration system, CCASS has been implemented in the Family Tribunal and Employment Tribunal enabling more transparency about pending cases and more efficiency in managing the cases.”