‘There is still a great respect for the judiciary,’ says CJ Govinden |11 January 2023

CJ Govinden delivering his address

● Maintains the judiciary is independent and challenges cynics to prove otherwise

By Patsy Canaya

Chief Justice of the Supreme Court, Rony Govinden, has stated that the justice system is autonomous and the justices have integrity, contrary to some beliefs.

He made the comment in an interview to the media yesterday at the official reopening of the judiciary following a three-week recess. 

Chief Justice Govinden said despite false allegations and personal attacks against himself and his justices, they remain committed to their duty and strong in the face of adversity.

He challenged anyone with concrete evidence showing lack of integrity of any of the judges to come forward with this evidence.

This was also one of the points he had stressed on earlier in his address where he stated that he will continue “relentlessly to defend our independence and impartiality. I give my guarantee that I will defend our autonomy at all levels, and that I will seek to preserve all acquired rights without discriminations”.

On the issue of respect for the judiciary, Mr Govinden said the majority of the population still has a great respect for the judiciary, despite the many challenges.

“Our democracy is stable; we do not have people lynching each other on the street and no one is taking the law into their own hands. There is still a great respect for the judiciary, that is why people resort to the court to settle disputes. Because they know they will get justice in court,” said Mr Govinden.

On the presence of the head of State at the official ceremony for the second consecutive year, Mr Govinden addressed the matter to dispel what he termed as confusion by some individuals who believe the presence of the head of State affects the separation of powers between the executive arm of the government and the judiciary.

He stated that as head of State, the president has certain major rules for example appoints judges after they have been proposed to him by the Constitutional Appointment Authority; and removes them from office at the request of a disciplinary tribunal, and also has the power of pardon and receives and accepts the credentials of foreign envoys.

“Besides this, he is also the head of the government and the commander in chief of the military forces. It makes sense therefore that as head of State he is invited, on this occasion, to hear what we have to say. This does not affect the separation of powers. We need to be able to understand, cherish and appreciate these subtleties enshrined in our constitution,” he added.

Speaking on this year’s theme ‘The Judiciary - Justice First’, Mr Govinden said the theme was chosen as a reminder as to why they were there in the first place and that “irrespective of the complexities of the legal and judicial environment, our task is to deliver on justice”.

He said there were ways for the judiciary to deliver fair and impartial justice in a more effective manner and meet new and increasing demands, while adhering to its core values.

“I suggest that these are but some ways of doing so – having exemplary and independent judges, high quality employees, conscientious jurors, well-reasoned and researched rulings, time for deliberation and attention to individual issues – these are among the hallmarks of federal court litigation,” he said.

He added that “equal justice requires fairness and impartiality in the delivery of justice and a commitment to non-discrimination, regardless of race, colour, sex, gender, gender identity, pregnancy, sexual orientation, religion, national origin, age, or disability; managing scarce resources and prioritising them in more needy areas; introducing more user friendly rules and regulations; managing court users’ expectations and timely delivery of decisions”.

Mr Govinden also stressed on the media’s role and relations to the judiciary and the need to be more engaging to inform the public about their work and cases that are heard.

He described journalists and members of the media as vital partners in ensuring that the rule of law is maintained in the democracy.

However, he said the form of reporting could be improved, from short interviews after a case is heard to a more in-depth approach where they interview the victims or the complainants, the civil society and those of the prosecuting authority.

“What I believe should happen is that the media takes a more in-depth approach to what actually happened after reading the decision, especially those decisions that have public interest importance; instead of a knee jerk approach. This will allow for less sensational reporting of the issues at hand. This would in turn generate more profound debates by members of the public on the bigger issues having to do with the cases,” he stated.

During yesterday’s address, he also highlighted their achievements in 2022, from improved infrastructure, to increased legal training for judiciary officers, introduction of cost-effective technologies to improved service delivery in courts, and the appointment of more legal practitioners, including notaries.

With regard to cases, he said a total of 3957 cases were filed before the Supreme and Magistrates courts from January 1, 2022 to November 30, 2022 and their goal is to reach a plateau where the backlog is a nominal percentage of the total cases, and the number of completed cases is largely on par with the number of cases filed.

According to their statistics, 4587 cases were concluded last year, and there are still 2295 cases pending before the Supreme and Magistrates courts.

During the same period, 248 cases were filed in the Employment Tribunal, 227 were concluded, and overall there are in total 243 cases still pending, including the backlog.

As for the Family Tribunal, 1386 cases were filed in the year 2022, 1052 were completed and there are 1781 cases, including the backlog, still pending on the register.

Yesterday’s address was in the presence of President Wavel Ramkalawan, First Lady Linda Ramkalawan; Vice-President Ahmed Afif and his wife Stella Afif; Speaker of the National Assembly Roger Mancienne; excellencies and members of the diplomatic corps and judiciary officials.

It should be noted that yesterday’s re-opening ceremony followed the traditional format, which had been cancelled for the past two years due to Covid-19.

The court resumes its normal duty today.

Photos by Joena Meme