adminFrom Abel Zhakata in Mutare
THE criticism of judges or magistrates by the media is a key concept in modern and mature democracy, a High Court judge has said. Officially opening the 2016 legal year in Mutare yesterday Justice Charles Hungwe said it is healthy for judicial officers to be exposed to constructive criticism.
“An issue which confronts every jurisdiction in the modern day is the relationship of the justice system to the media. It is crucial that justice be administered in public. This fundamental principle is reflected in the well-known dictum “justice must not only be done but must seen to be done.” Applied to the present time what this means is that justice must not only be seen to be done by those who can attend the trial but by the wider community via the media, courts remain properly reluctant to accede to any request that proceedings be held in private. Judgments and sentences have always been matters of legitimate of public interest,” he said.
Justice Hungwe however warned that media reporting must not adversely influence court proceedings.
“On the other hand to be avoided is a situation in which media coverage adversely influences the proceedings or the judicial officer trying them. What has to be balanced is the right of the public to information and of the media to report and express views freely, against the right of the parties, and in particular of the accused in a criminal case, to a fair trial. Irresponsible or merely excessive reporting of the judicial process, or in advance of it, makes the process itself well-nigh impossible. Courts must be vigilant to ensure that media coverage does not imperil the fair administration of justice.
“Today judicial officers, be they judges or magistrates, are occasionally criticized by the media. Such criticism is a key concept in a modern and mature democracy. It is part of the general trend and it is not deprecated. All persons, including those who comment through the media, should enjoy the freedom of expression. It is a right enshrined in our Constitution. When it is exercised, not by an individual, but by the media, its impact on public opinion and on the judicial process can be very powerful,” he said.
In doing their duty, said Justice Hungwe, the media must be fair.
“The right of the media to criticize judicial decisions should be exercised only on the basis of the facts established on the trial, not on the basis of unsubstantiated allegations or a slanted selection of facts. It is healthy that judicial officers should be exposed. The legal process must no longer be seen as so specialized and esoteric as to be beyond comprehension and criticism of non-lawyers. One thing a judicial officer must not do is to have regard to clamour, lobbying or campaigning. The independence of the judiciary requires that he or she should exercise an independent judgment of the evidence presented in court. However, while the judicial officer should not be swayed by partisan or activist influences, he or she is entitled, indeed obliged to consider what reasonable public opinion of the day would consider as appropriate.
“There is need, in my view, for judicial officers to be more open with the media and the public, to show themselves to be real people and explain what is done and how it is done. However, openness should always be tempered with moderation and discretion. Certainly a judicial officer should not talk about individual cases and should not address political issues not connected with the case before him or her,” he said.
Justice Hungwe said no country can prosper without peace and stability which demand a trusted and trustworthy administration of justice.
“This can only exist where the people as a whole have confidence in the system. Any lack of confidence leads inevitably to disorder, instability and a deterioration of social and economic development. To instill and maintain, and even increase that confidence, it is essential that our people be kept fully informed in an objective and balanced manner of the operations of the court,” he said.
Online Reporter