Assembly approves Bills to reform judicial system
30.07.2009
The National Assembly has approved amendments to two Bills to allow for reforms in the judicial system.
The Judiciary Amendment Bill 2009 amends the Judiciary Act 2008 to increase the salary of officers of the Supreme Court and the Court of Appeal.
The Constitutional Appointees’ Emolument Amendment Bill 2009 amends the Constitutional Appointees’ Emolument Act 2008 to increase the salary of the attorney-general so it is equivalent to that of a Supreme Court judge.
The proposed amendments were approved – after heated debate – by the majority party in the assembly, with the opposition voting against them.
Presenting the amendments, Minister for Finance Danny Faure said it is clear the judiciary system is a concern for all Seychellois and our expectations of it are very high.
People expect the system to deliver high-quality and efficient services, he added. The government shares this feeling and recognises that our judicial system is facing new realities and challenges.
The government believes the best way to address these issues – the concerns and expectations of the people when it comes to the judiciary – is through fundamental reforms to the system.
Mr Faure said these should be thorough and take into account the economic realities Seychelles faces and also its vulnerability to the negative impacts of international terrorism, piracy and other organised crimes.
The reforms must take into account the fact that local and international traffickers see Seychelles as a transit point and a market, he added.
Mr Faure also said the reforms must reflect: new economic and financial crimes; the pain and suffering of families who work hard and then lose their hard-earned personal belongings through theft; the pain of abused children; delinquency, increases in crime and domestic violence.
The responsibility of the government is to guarantee that strong policies are in place and regulations are comprehensive to ensure the judiciary gets the necessary resources and support to carry out the reforms, he added.
He stressed that the judiciary is an independent body and on its own cannot increase the salaries of judges.
This is only possible through a Bill proposed by the government and approved by the National Assembly to allow issues of salaries, gratuities and allowances for judges to be addressed in line with the Constitution.
Mr Faure said the Bill is doing just that as it aims to:
● Amend the Judiciary Act 2008 to address the issue of a foreign chief justice’s salary;
● Address the way gratuity payments to all judges are made;
● Amend the gratuity payment to the master of the Supreme Court to bring it in line with the way judges’ gratuities are calculated;
● Amend the Constitutional Appointees Emolument Act 2008 for the attorney-general to be paid a gratuity every five years instead of at the end of his term in office.
Concerning the salary of the chief justice, Mr Faure said the Judiciary Act 2008 states it is R34,000 a month. The post of a chief justice is considered the highest in the judiciary, as he is responsible for administering the judiciary as a whole.
The new amendment will provide for a foreign chief justice to be paid an allowance of R14,000 a month on top of his salary. The reason for this, Mr Faure said, is that the salary of an experienced judge overseas is often higher than that offered locally. If the government wants the services of a foreign chief justice, he has to be offered a salary not less than what he is earning overseas.
Mr Faure said this method is already being practised in the government and is not a new concept here. But in the case of the judiciary, it is necessary that any such provision is stipulated in the law.
He said apart from this provision, which applies only to a foreign chief justice, the government is not proposing any other salary increase for judges.