The Judicial Service Commission (JSC) has dismissed concerns raised by the Commission on Administrative Justice (CAJ) regarding the handling of complaints and petitions against judges, judicial officers and staff.
In a letter dated December 23, CAJ criticised the JSC’s transparency, accusing the commission of mismanaging complaints and failing to disclose relevant data.
In a response on Tuesday, the JSC argued that CAJ misrepresented the facts, noting that its annual reports comply with constitutional requirements under Article 254.
"The JSC wishes to respectfully clarify certain misrepresentations contained in the said letter. The JSC has consistently published detailed information on complaints and petitions, including their nature, number and outcomes, as mandated by the Constitution," JSC said.
The Commission stated that the reports are readily accessible on its website and are complemented by the State of the Judiciary and Administration of Justice reports published annually on the Judiciary's website.
In addition, the JSC highlighted its collaborative engagement with the CAJ under the Constitutional Commissions and Independent Offices (CCIO's) forum.
“The JSC has closely worked with CAJ during the development of the Draft Judicial Service (Processing of Petitions & Complaints Procedures) Regulations that are currently undergoing public participation,” it said.
The JSC provided a link to access the Draft Regulations.
The Commission further stated that it believes that mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle.
Consequently, it expressed concern that the CAJ chose to issue an ultimatum through the social media.
JSC reiterated the provisions of Article 249(1) and (2) of the Constitution, which affirms the independence of JSC from control by any person or authority.
“This independence is essential for the effective and impartial fulfillment of the Commission's mandate,” it said.
The JSC assured that it remains unwavering in its commitment to upholding transparency, accountability and the rule of law and wishes to encourage the CAJ as well as other stakeholders to engage with JSC in the spirit of good faith, collaboration and respect for constitutional processes.
