By Ramatoulie Jawo
Attorney General Dawda Jallow explained to the National Assembly on Tuesday the importance of the Judicial Officers Remuneration and Other Entitlements Bill 2023. He moved a motion for the second reading of the bill.
The Justice Minister told the lawmakers that the judiciary is a symbol of the administration of justice under the rule of law, which is essential for good governance, peace, and security. He further stated that the judiciary plays a vital role in administering justice and upholding the rule of law.
The bill, which was introduced by the Attorney General, seeks to improve the remuneration and other entitlements of judicial officers in order to attract and retain qualified personnel and ensure that the judiciary is able to function effectively.
“Ultimately, it is a critical player in the realm of democracy and constitutional development and have a key role as one of the three pillars of state components. So it was against this backdrop that necessitated the need for this bill,” he told the NAMs.
The Attorney General stated that the bill would enhance and upgrade the salaries, allowances, pensions, and entitlements of judicial officers. The Justice Minister also told the NAMs that the bill would regulate the conditions of service of the judges of the Superior Courts and judicial staff, and make provisions to address all issues related to the welfare of judicial officers.
“I wish to remind the Assembly that this bill is being presented pursuant to Section 142 of the Constitution for those of you who hold your constitution, which states that the renumeration of judges that’s the title of Section 142 (1) of the Constitution of the Republic of the Gambia, and it says a judge of a superior court shall be entitled to such salary allowances and on retirement such gratuity and pension as may be prescribed by an Act of the National Assembly,” he said.
The Justice Minister said that the bill is similar to the one that governs the renumeration and allowances of National Assembly members, the Speaker, the Deputy Speaker, and other members of the National Assembly. This is provided for under Section 95 of the 1997 Constitution, which states that these individuals shall receive remuneration and benefits, including retirement benefits, as determined by an Act of the National Assembly.
“So Honorable Speaker, when the Constitution came into being in 1997, Section 95 provided that there must be an Act of National Assembly to provide for the conditions of service for National Assembly Members. In the same year, 1997, under Act number 9, the National Assembly passed their own Act to determine their own conditions of service. In the same year, the Constitution came into being in Section 95.
“It makes provision that there must be an act of parliament to determine the terms and conditions of service for National Assembly members. National Assembly passed their own in 1997; the Judiciary we are in 2023, they don’t still have this Act, and it is the same Constitution that prescribes that there should be an act of the National Assembly because these are all different organs of the state, and their terms and conditions of service must be clearly spelled out by an Act of National Assembly,” he said.
The Attorney General said that he is introducing the bill in accordance with the Constitution. He added that the Judiciary is far behind schedule in having an Act of Parliament that will determine their terms and conditions of service, similar to what exists for parliamentarians and ministers.
“Cabinet also has an Act of the National Assembly that also defines their terms and conditions of service. So the judiciary is the only arm of state or organ of state that does not have an Act of Parliament to determine its terms and conditions of service,” he said.