By GRACE CHAILE LESOETSA
THE State contends that measures to ensure the Judiciary is financially independent and adequately funded have been set in motion by the enactment of the Judiciary Administration Act, no. 23 of 2016.
It stated that the said Act provides further administration of the judiciary and for appointment of judicial officers and staff of the Judiciary and for matters connected with or incidental thereto.
In this matter, a lawyer, Mr John Sangwa has petitioned the Constitutional Court seeking a declaration that the President should not prescribe the emolument of the Judges.
Mr Sangwa wants the Judiciary to formulate its own regulations prescribing the prerequisite and other conditions of service of Judges.
He seeks an order of mandamus directed to and compelling the Minister of Finance to put in place, within three months or such period as the court may deem appropriate from the date of the order, measures satisfactory to the Judiciary to make it financially independent.
He stated that this will ensure that the Judiciary is financially independent and becomes a self-accounting institution in line with Article 123 (1) of the Constitution and is adequately funded in every financial year in line with Article 123 (2) of the Constitution.
In an answer to his petition, the Attorney General Likando Kalaluka who is the respondent in the matter stated that Mr Sangwa’s prayer that the court compels the Minister of Finance to put in place, within three months or a period deemed appropriate measures to ensure the Judiciary’s financial independence and adequately funded every year, is not tenable within the timeframe requested.
This is because Parliament dissolves tomorrow hence becomes an academic exercise.
The State says instead of the court declaring various sections of the Acts cited by Mr Sangwa as being unconstitutional and void which will lead to lacunas, it should take the disputed sections with such modifications, adaptations, qualification and exceptions as may be necessary to bring them in conformity with the constitution as amended.
It has thus asked the Constitutional Court to dismiss the petition with costs.
