Hands off judges: CJ Malaba

Chief Justice Luke Malaba has taken a swipe at people and organisations in the habit of criticising judges when they lose cases.

Speaking at a Judges’ Symposium, he said the Judicial Service Commission (JSC) will always stand by the judges and the independence of the judiciary.

“I don’t believe, and I don’t accept a situation where some people want to make it fashion to criticise judges for decisions they make. That does not make sense, you cannot be a person who wants to be in a democracy and still want to undermine the rule of law,” Malaba said.

The judiciary often comes under sharp criticism during election seasons from losing candidates and parties after unsuccessfully petitioning it to overturn unfavourable outcomes of the vote.

In the last general election in 2018, the main opposition candidate petitioned the Constitutional Court after losing the vote, and later sharply criticised the court after it threw out the appeal.

In the run-up to this month’s elections, the opposition has already been at it again, criticising election-related judgements that have gone against it.

“There should be no interference, and I am standing here saying clearly you, (Judges) are fully protected in your decisions. Stand by your decisions, stand by the law, feel free, be impartial and have no fear,” CJ Malaba said.

“Whatever legal decisions come out make them. There are (disgruntlement) channels to take right up to the Constitutional Court if you want. We will speak the truth of law and tell you the truth of what your case is about whether you like it or not,” he added.

On the other hand, he cautioned judges against being partisan in their work when it came to political matters, saying this would be unprofessional of them.

“We do not expect judges to be sloganeering. In any case I don’t think a judge knows what a slogan is. Please don’t do that, we don’t expect judges to be involved in that kind of thing. We are totally apolitical.

“We don’t think politically, and should never think politically, but legally,” he said. – New Ziana.