Gambiaj.com – (BANJUL, Gambia) – In light of public concerns, the Gambia Bar Association (GBA) has issued a statement to clarify the purpose and implications of the Judicial Officers (Remuneration and Other Entitlements) Bill 2024, soon to be tabled before the National Assembly for the second time by the Attorney General and Minister of Justice.
The Bill aims to implement Section 142 (1) of the Constitution of the Republic of The Gambia 1997, which mandates that the remuneration of judges and other judicial officers be determined by an act of the National Assembly. This proposed legislation seeks to provide a structured legal framework for the compensation and benefits of judicial officers, addressing the current absence of specific legislation for judicial remuneration and benefits.
The GBA emphasized that the Bill does not propose any increase in the salaries of judicial officers. Instead, it establishes that the Judicial Service Commission will review the adequacy of judicial officers’ emoluments whenever the government conducts a public service pay review and submit a report to the President for approval. Any salary adjustments will consider the financial conditions of the government.
Key provisions of the Bill include defining the conditions of service for judicial officers, both during their tenure and post-retirement or death. The Bill introduces pension benefits for judicial officials, considering the unique nature of their roles and the restrictions they face after retirement. Judicial officers are prohibited from engaging in other work during their service and cannot return to legal practice after retirement.
The GBA underscored that the Bill aligns with pension benefits in the subregion and the Commonwealth. It is designed to enhance the judiciary’s efficiency and preserve the integrity of judicial officers, who play a crucial role as final arbiters in civil and criminal matters and interpreters of constitutional law.
The association highlighted that the Bill would help attract knowledgeable and experienced Gambian legal practitioners to judicial service, thereby positively impacting the administration of justice. The GBA reiterated its commitment to promoting and safeguarding the independence of the judiciary, which is vital for maintaining the rule of law and delivering justice.
Lawyer Neneh Chan, President of the Gambia Bar Association, stated that the Bill’s enactment would reinforce judicial independence and help retain and attract the best legal minds to the bench, ultimately benefiting the Gambia’s justice system.
The GBA called on citizens to carefully and objectively read the Bill to understand its context and factual basis, fostering informed discussions on its merits.
