FOROYAA Newspaper (Serrekunda)
4 April 2008
editorial
The latest development in the district tribunals calls for reflection. According to Section 120 of the Constitution, the courts of The Gambia include District Tribunals. Members of the Tribunal are appointed by the Attorney General. The president of the tribunal shall also be appointed by the Attorney General. In practice, though, it is the district chiefs who become president of the tribunal. Its jurisdiction is not restricted to civil matters, relating to marriage, divorce and inheritance, but also includes criminal matters.
Recently, the Kombo Central District Authority, headed by the chief, sued one Jerreh Kullay Bojang to the Kombo Central District Tribunal, headed by the same chief. Subsequent to this, the Kombo North District Tribunal has sued one Ousman Badjie to appear before it. In short,l this District Tribunal will prosecute and decide on the case at the same time.
A principle of natural justice does not allow one to be a prosecutor and judge at the same time in a case.
Furthermore, section 24 (2) of the Constitution states: "All proceedings of every court and proceedings relating to the determination of the existence or extent of civil rights or obligations before any other authority including the announcement of the decision of the court or other authority, shall be held in public "
Where there is exception, the constitution spells it out clearly and specifically in the following proviso: "Provided that the court or other authority may, to such extent as it may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or interlocutory civil proceedings, or to such extent as it may be empowered or required by law to do so in the interest of defense, public safety, public order, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings, exclude from its proceedings persons other than the parties thereto and their legal representatives."
Evidently there is no room for arbitrariness in our courts.
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