“Lack of implementation of certain provisions of the law such as section 30 of the Legal Aid Act 2008 presents constraints. The section requires government to set up of the minimum wage which is needed to determine eligibility of indigent persons to legal aid in non capital offences and civil cases,” she observed, while delivering a statement at the Opening of the Legal Year on Sunday in Banjul.
“It is our collective responsibility to address the challenges head-on, ensuring that justice is not delayed or denied or only available to those who can afford to pay for the services of a lawyer.”
She made this declaration while highlighting the challenges the administration of Justice faces.
“It is a fact, however, that the administration of justice, still faces some degree of the usual challenges in the form of delays in court proceedings, limited financial resources to provide access to justice to citizens,” she declared.
“As legal practitioners, when clients bring their legal disputes to us, they want solutions and we in turn give legal advice and direction on the best course of action to resolve their disputes. So it is our duty to explain to the clients the various options available including the numerous benefits of ADR through negotiation, mediation or any other means of arriving at settlement of the matter. It is only when that fails, that we advise taking the matter to court. This is what obtains nowadays in most jurisdictions including the most developed,” she explained.
She dilated that the Bar as an indispensable partner that always advocate for policies and actions that promote justice and respect for human rights, “will continue to engage constructively with government.”
“Working together, we can tackle the challenges that confront our legal system, find innovative solutions to enhance the administration of justice and ensure that every citizen has equal access to the protection of their rights under the law,” Ms. Cham stressed.
She paid tribute to Fafa Edrissa Mbai, one time Attorney General & Minister of Justice who came up with the idea and initiated the legal year in 1982.
