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Monday, February 17, 2025
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The president’s executive order: A blow to judicial independence and effectiveness?

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President Adama Barrow’s recent executive order regarding salary increments reveals a troubling disregard for the independence and operational needs of the Gambian judiciary. While the intention to address economic hardship among civil servants is laudable, the exclusion of the judiciary, coupled with other systemic issues, casts serious doubt on the government’s commitment to a truly functional and impartial justice system.

The executive order explicitly excludes the judiciary from the 30% salary increase, citing the need to “bridge the gap” between the civil service and independent institutions. This justification is not only inadequate but also deeply concerning. The judiciary is not merely another government department; it’s the bedrock of our legal system, responsible for upholding the rule of law and dispensing justice fairly and impartially. To treat it as a subvented agency needing to “catch up” to the civil service is to fundamentally misunderstand its crucial role and to undermine its independence. This exclusion raises serious questions about the government’s commitment to an independent judiciary, free from undue political influence and capable of functioning effectively without being constantly beholden to the executive branch for basic resources.

Furthermore, the problem extends beyond salaries. The current security situation of the judiciary highlighted critical issues of court security, inadequate working conditions and the timely disbursement of allocated budgets. The president’s order, while addressing pension reform, fails to acknowledge or address these serious operational deficiencies, which are severely impacting the judiciary’s ability to function. A lack of security at court premises and the homes of judges, coupled with poor working conditions, directly undermine the independence and effectiveness of the judiciary. It creates an environment where fear and insecurity can influence judicial decisions and compromise the administration of justice.

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The order’s emphasis on centralised control over budget allocation for the judiciary further strengthens concerns about its independence. The lack of timely disbursement of allocated funds for operational costs suggests a deliberate attempt to control the judiciary’s operations, which is antithetical to the principles of an independent judiciary. Without adequate financial autonomy and timely resource allocation, the judiciary cannot operate effectively or maintain its integrity.

In conclusion, while the salary increments for other branches of government are welcomed, the executive order represents a significant setback for judicial independence and the overall effectiveness of the Gambian justice system. The exclusion of the judiciary, coupled with the lack of attention given to essential security and operational needs, underscores a deeply troubling lack of commitment to the rule of law. The government must address these concerns promptly and meaningfully to ensure a truly independent and effective judiciary. This is not a matter of mere budget allocation; it’s a matter of upholding the fundamental principles of a just and equitable society. The Gambian people deserve a judiciary that is free from political interference and equipped to fulfil its vital role in our democracy.

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