It is the second time that the same legislation will be presented within the space of ten months. The last time round it failed to pass was September 2023.
It was rejected by the National Assembly, even without a reference to committee stage for a detailed study and consideration of its contents, due to, in our view, lack of adequate preparation on the part of the bill's sponsors, misunderstanding of the bill by members, and indeed grave misrepresentation of the bill's contents by others.
The Judiciary was supportive of the bill and critical of the decision of the National Assembly, and they seem to have remained so very strongly.
Mr President, as the bill has been given a second chance, it is important to remind ourselves what the bill is about and what it is not. It should be noted that the enactment of a law governing the terms and conditions of service of judicial officers is a requirement of the Constitution. That this requirement is yet to be met some twenty-seven years after it was demanded by the current Constitution should be a matter of regret and embarrassment, especially when there are no such failings with regard to the terms and conditions of service of members of the other two organs of State; that is, the Executive and the Legislature.
Mr President, The Gambia will not stand alone in having such a law in place. It is standard practice in the Commonwealth with which we share a common legal heritage. It is understood that the bill does not add anything to the salaries and benefits - currently the entitlement - of judicial officers. It only provides a framework for the review and alteration of such when necessary. It provides for a pension system for Judicial officers, which takes into account that, unlike other professionals within the Public Service, judges are prohibited when they retire from practising as lawyers.
Mr President, the bill's objective is to create the right conditions to attract and retain suitable Gambians to the judiciary, to promote integrity among its officers and thus strengthen the administration of justice, the rule of law and of democracy. The bill is not about providing alleged lucrative benefits to judicial officers. The passage of the bill will not automatically result in the increase of salaries, allowances and other benefits of judicial officers. Its most significant feature - that is, the pension scheme - will apply only in the future when the few eligible officers retire after dedicated and exemplary judicial service.
Mr President, as we give this important measure a second chance we must all be guided by these considerations, particularly the members of the National Assembly who will take the final decision. So too must the media - social and official - be guided to avoid misrepresentation, which can improperly influence the decision makers towards wrong decisions.
Mr President, the National Assembly should enact the bill into law, for the sake not so much of the judicial officers, but for strengthening the machinery of justice and the rule of law in The Gambia to the benefit of the entire community.
Mr President, the judiciary is playing a key role in our society in tandem with the other pillars of Government. It should therefore be strengthened through motivation, to promote fair play and justice in the state.
Equally, mechanisms should also be put in place to avoid delay in the dispensation of justice.
Good day!