- This topic has 0 replies, 1 voice, and was last updated 2 years, 3 months ago by Mohammad Ali Zeadally.
March 31, 2018 at 1:33 pm #1060Mohammad Ali Zeadally
In fact there is nothing wrong with our Judiciary as far as Judges and Magistrates are concerned. Our Judicial system consists of a mixture of English and French Jurisprudence system which we often call a system “batard” is quite perfect whereby any litigant who is not satisfied with the judgement of a court has a right of appeal to a higher court of justice and in most cases the judgement of the lower courts are maintained apart, a few of them which are overruled. We do have a complete separation of powers whereby the Judiciary is fully independent. There is no interference of the executive of the legislature with the Judiciary and there is no doubt about it. However, the show pinches with regards to certain “BREBI GALLEUSE” of legal professions among certain Barristers, Attorneys, Notaries and Land Surveyors who are tarnishing the image of the professions. This is leading to a lack of confidence by our citizens whereby they are reluctant to ask for justice in a court of law despite they have a strong case.
As far as discipline with regards to members of the legal professions are concerned we have the Bar Council for Barriers, the law society for Attorneys, the President of Association Chambre des Notaires” for Notaries and none for Land Surveyor’s. In addition, should any member of the public is felt aggrieved by the bahaviour of any member of the legal profession he can lodge a complaint to the Master and registrar of the Supreme Court and the above named associations.
The master and registrar of the supreme court is doing his maximum to look into these numerous complaints. On the other hand how come for obvious reasons that the Bar Council, the law society and the chairman of the Association “Chambre des Notaire” are being asked to look into complaints from members of the public against their own members. Definitely this lead too much frustration and a strong perception upon aggrieved members of the public that their complaints have not been treated fairly. The frustration is gaining so much momentum that finally members of the public is losing confidence in our judiciary.
It is high time so as to prevent our present system from deteriorating further and with a view to putting more confidence in the mind of litigants that the Government appoints a “legal services Ombudsman” with strong sanctions against undisciplined members of the legal professions who do so with impunity. This suggestion has already been made to the Attorney General last year when he gave an interview on “Radio Plus” with the good intention to reform our present Judicial system.
The more so same suggestion has also been made to the citizens support unit which is under the aegis of the Prime Ministers Office last year itself.
We hope that the said suggestion which will benefit the majority of the population does not fall upon deaf ears and will be recommended to the government for implementation the soonest possible.0