Enhancing the integrity of the Judiciary in Post-conflict Sierra Leone is central to the court monitoring mandate. No country can afford a judiciary that the people do not trust, be it in developing or advanced democracies. This is because a very strong judiciary can effectively regulate the conduct of other state institutions to the benefit of its people. One single most important benefit of an independent and strong judiciary is that, it will prevent state collapse. This(an independent and strong judiciary) was what was absent in Sierra Leone on the eve of the war. During that period, the Judiciary could only protect the haves, those in power and their cohorts because its independence was compromised. It therefore lost its integrity and the confidence of the people. Since the ordinary Sierra Leonean was not assured of fair trial, some of them decided to use extra-judicial means to resolve their dispute. Thus the decade long civil war.
It is, therefore, important for the Judiciary in Post-conflict Sierra Leone to maintain its integrity so as to win the confidence of the people. The integrity of the judiciary is preserved when its independence is ensured. Such independence can be facilitated if the executive and legislature refrain from unduly interfering with its work and if there are good conditions of service for members of the Bench and other members of the judiciary.
The laws of Sierra Leone do no fully guarantee the independence of the judges. For instance, subsections 3 and 5 of section 136 of the Constitution of Sierra Leone, 1991 empowers the President of the Republic of Sierra Leone to terminate the contract of judges who are hired under subsections 2 and 4 of same. Subsections 2 and 4 of 136 section of the Constitution empowers the President to hire judges in the High courts, Courts of Appeal and the Supreme Court of Judicature even though they may have reached retirement age as prescribed under section 137 of same. Given that the President may terminate the contract of these judges where a fixed contract is not given, is indicative of the lack of security of tenure which in effect undermines their independence. A judiciary that serve only at the pleasure of the President cannot be impartial since there is no separation of powers. It is therefore likely to hand down biased judgment.
The Judiciary and its partners including the United Nations Development Programme and the Justice Sector Development Programme have initiated reforms measures. For instance, young graduates from the Sierra Leone Law School have been recruited to the Bench. Experienced practitioners are currently being recruited to serve in various capacities including serving as High Court Judges. The condition of service has been one of the major problems of the judiciary, Judges’ salaries are not only small but lack other attractive benefits as well. Judges used to wait to be transported to the Court in turns. The Law Court Building in Central Freetown is mostly without electricity. Sometimes, judges have to light candle sticks in their chambers to prepare for hearings. This is the state of affairs that used to drive people away. Given that more people are now going to serve as Benchers, it is important that these areas are looked into.
It is also important to note that similar facilities should be provided for the courts in the provinces. When the war ended, there was hardly the presence of the Judiciary in the provinces. In fact, some Magistrates were assigned to more than one district. Intervals between High Court convening were too long. The current reform exercise must also affect the provinces.
Further, the Judiciary has developed a code of conduct for its membership. The Code of Conduct provided for the establishment of an Ethics Committee, a body that will punish any member that falls foul of the Code of Conduct. Additionally, the Sierra Leone Bar Association is currently drafting a code of conduct for its membership. We expect that the Bar will include provisions regarding reprimanding of practitioners who collect monies from clients but fail to fulfil their contractual obligations.
All these measures can enhance the integrity of the judiciary but only if it is independent. An independent judiciary enhances its integrity. A judiciary that is not independent cannot be impartial. A partial judiciary will inevitably deliver partial verdicts. A partial verdict erodes confidence, thereby providing a platform for the use of extra judicial means – the decade long war in Sierra Leone is an example.