The Judge of the 15th Judicial Circuit Court in River Gee County, George Wah-Harris Smith, says the courts play unique role in democracy and requires the judiciary to be independent of the two political branches of government, but in the recent years, this critical role has been under threat.
Speaking during the opening of the August Term of Court earlier this week, the Judge said the executive and legislative branches of government are the ones that make budgetary appropriation for the Judiciary, and, “it is indisputably evident, then, that the Legislature and the Executive are the cause of “the long years of very low remuneration and generally poor working conditions of judicial officers and staff.”
He said low remuneration and poor working conditions of judicial officers and staff undermine judicial independent-impartial administration of justice and the rule of law, the 3rd pillar of government’s ARREST Agenda.
Judge Smith said Liberia has continued to lag far behind regarding adherence to the rule of law, particularly as it relates to judicial independence as guaranteed under Article 72(a) of the Constitution, supplemented by Section 13.4(2) of the Judiciary Law and the Judiciary Financial Autonomy Act (2006).
Delivering the Judge’s Charge on the topic: Government’s ARREST Agenda: With Particular Emphasis on the Rule of Law Agenda – A Perspective of the Court; Smith said the work of judges, including magistrates, universally, is all about and rests primarily upon judicial independence.
“Judicial independence are those things that enable judges to decide cases impartially devoid of undue external influence from sources like the legislative and the executive branches of government, and/or internal improper interference from sources like colleague and/or superior judges,” he said.
Judicial independence, he said, is an antecedent and prerequisite of judicial impartiality in the administration of justice, adding, “Judicial Independent-impartial administration of justice is fundamental and indispensable to the rule of law, the 3rd pillar of Government’s lofty ARREST Agenda.”
Judge Smith said each of these 6 pillars is indispensable and a desideratum of national economic development and prosperity, but amongst all, the rule of law agenda is fundamental and a prerequisite the others, for rule of law is the foundational cornerstone of a peaceful and orderly society for the ease of doing business in any nation.
He said this “ease” ensures business investment which ultimately yields national economic development and prosperity, while emphasizing that deficiency in adherence to the rule of law can lead to anarchy.
“How can our government carry out its Agriculture, Roads, Education, Sanitation and Tourism agendas in a state of anarchy and lawlessness – in the absence of adherence to the Rule of Law agenda? The Liberian 14-year war answers this question,” Judge Smith said.
