Saturday, February 22, 2020

Execution Becoming Difficult, What Is The Problem? The Chief Justice Should Investigate


Many litigants that have received awards from the courts are being referred to Foroyaa regarding the failure to execute awards given by courts.

Some decisions were made before the change of government but execution has become a problem. It is difficult to know where the problem lies. There are claims and counter claims regarding the problems of execution. The Constitution however is very clear as to who is the head of the judiciary and is to exercise direction and control over the judiciary. Section 121 subsection (1) of the Constitution reads:

“The Chief Justice shall be the head of the Judiciary and, subject to the provisions of this Constitution, shall be responsible for the administration and supervision of the courts.”

It is therefore important for the Chief Justice to establish a public relation office charged with the responsibility of receiving complaints and concerns regarding the judiciary so that administrative measures could be taken to enable the judiciary to enforce judgments from courts.

This will give the public confidence that the judiciary has teeth and would enforce its judgments without fear or favour, affection or ill will.

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