Learning Center
Plans & pricing Sign in
Sign Out
Get this document free

In This Issue - PDF 4


									Chief Justice of the OECS Sir Dennis                                         The International Criminal Tri-
Byron, President of CJEI (Fellow                                         bunal for Rwanda was appointed by
1997), left St. Lucia on June 7, 2004                                    the United Nations to try cases of
to take up an appointment as a Per-                                      genocide in the African country. The
manent Judge of the International                                        Tribunal issued its first indictment in
Criminal Tribunal for Rwanda,                                            November 1995. Since then, it has
which operates from Arusha, Tanza-                                       made steady progress towards the
nia.                                                                     fulfillment of its mandate and has
     In 1990, Sir Dennis was ap-                                         made a notable contribution to the
pointed to the Court of Appeal of the                                    development of international crimi-
Eastern Caribbean Supreme Court.                                         nal justice.
Before that he served as a High                                              Those convicted included Jean
Court Judge of the Eastern Caribbean                                     Kambanda, the Prime Minister of
Supreme Court in Antigua, Montser-                                       Rwanda during the genocide, who
rat, Dominica and St. Lucia from                                         became the first Head of Govern-
1982. Sir Dennis was acting Chief                                          ment to be indicted and convicted
Justice of the Supreme Court of        CJEI President Honourable Chief of genocide. Fourteen Ministers of
Grenada in 1986 and presided over          Justice Sir Dennis Byron        the 1994 Interim Government in
the Maurice Bishop murder trial.                                           Rwanda are also in the Tribunal’s
     In the past decade, Sir Dennis’ career has at-      custody as well as senior military commanders,
tracted international recognition. He was a mem-         high-ranking central and regional government offi-
ber of a team of prominent jurists selected by the       cials, prominent businessmen, church leaders,
International Bar Association to investigate and         journalists, intellectuals and other influential fig-
report on issues affecting the independence of the       ures.
judiciary in Zimbabwe.                                        United Nations Secretary General Kofi Annan
     In March 1999, he was invited by the Com-           has expressed the hope that the work of the Tribu-
monwealth of Learning to address The Pan Com-            nal will contribute to the long-term process of na-
monwealth Forum on Open Learning held in                 tional reconciliation in Rwanda.
Brunei on the subject of Distance Learning in Judi-           Last week, members of the Judiciary and staff
cial Education. Later the same year, he was ap-          of the Eastern Caribbean Supreme Court honoured
pointed Coordinator of the Conference of Com-            Sir Dennis for the work he had accomplished in
monwealth Chief Justices at the 12th Common-             reforming the Eastern Caribbean Supreme Court
wealth Law Conference held in Malaysia.                  since his appointment as Chief Justice.
     His appointment to the International Criminal            Sir Dennis was knighted by the Queen four
Tribunal for Rwanda, fulfills a life-long dream of       years ago. Last November he was elected as an
serving in the African continent, Sir Dennis said        Honorary Bencher of the Society of Inner
before leaving the region.                               Temple.

                                         In This Issue

News & Notes………...……….…..2                               “Knowledge Management”
                                                         By Honourable Justice Madan
Message from the Chair…...…...4
                                                         B. Lokur…………..…………..….10
In Memoriam……………………...5
                                                         Calendar of Events………….….16
Second Biennial Meeting of
                                                         In Your Opinion…………...…..18
Judicial Educators…………….....6
Resources for Judges…………….9

                     Official Newsletter of the Commonwealth Judicial Education Institute
CJEI Report      June 2004        Page 2

                                               ♦ In August last year the Honourable
                                               Chief Justice Sir Arnold Amet retired        ♦ The Honourable
                                                                                            Justice David
                                               from the bench after serving nearly 20
                                                                                            Wangutusi (CJEI,
                                               years as a Judge of the PNG Supreme &        1999) has just been appointed to head the
                                               National Courts. As a result, the former     newly established Judicial College as Di-
                                               Honourable Deputy Chief Justice Sir          rector.
                                               Mari Kapi (CJEI, 1995) was appointed as             The Uganda Judicial College was
                                               the new Chief Justice of the Supreme &       established in January 2004 in Kampala.
                                               National Courts. Sir Mari served as Dep-     Initially the College will handle the train-
  ♦ Mr. Goemekgabo L.
                                               uty Chief Justice since April 1982. His      ing of Ugandan judicial and non-judicial
  Tobogo-Maruping (CJEI,                                                                    staff. In the future the College hopes to
  2000) has become Registrar at                new ten-year appointment began in Au-        expand training to other legal Officers in
  the Industrial Court of Botswana (Labour     gust 2003.                                   the Ministry of Justice Crown Counsel,
  Court). As a result he will attend this                                                   Advocates, Prosecutors and eventually
  year’s annual ILO meeting in Geneva,                                                      train Officers from the Africa region in
  Switzerland for 3 weeks starting on 30                                                    judicial disciplines.
  May, 2004.
       Mr. Tobogo-Maruping is also proud                                                    ♦ May 9-13, 2004, the Honourable
  to announce the birth of his new son,                                                     Judge Sandra Oxner, Chairperson of
  Rotlhe, which means “we are all                                                           CJEI, attended the Women Judges Confer-
  together now.” This is his fifth child.                                                   ence in Entebbe, Uganda. She presented a
                                                                                            paper during a session on judicial integrity.
                                               ♦ On June 1, 2004 the Honourable Jus-        The conference was hosted by the Interna-
                                               tice Ramesh Chandra Lahoti assumed           tional Association of Women Judges.
                                               the office of The Chief Justice of India.
                                               Known for his humane approach to cases,      ♦ Last December the Honourable Jus-
                                               he is India’s 35th Chief Justice. He suc-     tice Joseph Nyamihana Mulenga (CJEI,
                                               ceeded Chief Justice S. Rajendra Babu.        2002) became the Acting President of the
                                                                                             East African Court of Justice in Arusha,
  ♦ The Honourable Justice Ivor Archie                                                       Tanzania.
  (CJEI, 2003) has been elevated to the
  Court of Appeal in Trinidad and Tobago             Please send us news for our next edition of “News and Notes”
  effective April 2004.                                                See contact information on the last page

                                     Malta Judicial Studies Committee Launched
   The Judicial Studies Committee (JSC) was officially launched during a ceremony held on the l7th of October, 2003. Besides the
   members of the Maltese Judiciary, present for the occasion were the Minister of Justice and Home Affairs, and various members of
   the diplomatic corps. The keynote speaker was H.H. Judge William Rose, the Director of Studies of the Judicial Studies Board of
   England and Wales.
        Since that date, the JSC has held two seminars. The first was held on the February 26-28, 2004 on the theme "Advancing Judi-
   cial Approaches to Mediation in Civil and Commercial Matters". The keynote speakers were Mr. M. Appel from the U.S.A., Mr. J.
   Claus from the Council of Europe, Honourable Judge D. Cooke (U.K.), Honourable Judges M.A. Spliet and H. Steenberghe (The Neth-
   erlands) and Honourable Judge A. Zalar (Slovenia). The second seminar was held between the March 8-9, 2004 in collaboration
   with The Lord Slynn of Hedley European Law Foundation. The theme was "Applying E.U. Law in Malta". The keynote speakers were
   Lord Slynn of Hedley, Mr. David Vaughan CBE,Q.C. and Mr. David Lloyd Jones Q.C.
        As Malta became a member of the European Union on May 1, 2004, the JSC is planning to organize a follow-up seminar on EU
   Law next October under the auspices of the Lord Slynn Foundation.
        CJEI is in frequent correspondence with the Malta Judicial Studies Committee and looks forward to their participation in CJEI.
                                                                                                   CJEI Report       June 2004        Page 3

                                                                                                   compatible and pave the
♦ Upon the secondment of Chief Justice                                                             way for electronic filing in
Sir Dennis Byron to Arusha, the Honour-                                                            the future.
able Justice Adrian Saunders (CJEI,
                                                  by Honourable Jus-                                    Some of the new provisions specifi-
1998) became Acting Chief Justice for
                                                  tice Neil Buckley                                cally aimed at improving access to justice
                                                  (CJEI, 1999), Fam-                               include:
                                                  ily Court of Austra-
♦ The Eastern Caribbean Supreme Court             lia, 4th June 2004                               ♦ Pre-action procedures
(ECSC) has embarked upon a Criminal Di-
                                                                                                           (Rule 1.05 and Schedule 1)
vision Pilot project in St. Lucia. The project
is in response to a criminal justice system                                                        The pre-action procedures provide that
that has been for many years beset with un-       On March 29, 2004, the Family Court of           before starting a case, parties are re-
acceptable delays in the hearing of both          Australia introduced new Rules of Court          quired to attempt to resolve their dispute.
summary and indictable cases. The goals of        which will significantly improve access to       This is intended to discourage a combat-
the project are to modernize trial court infra-   justice in the family law jurisdiction in Aus-   ive adversarial approach, which can and
structure, improve access to justice, upgrade     tralia.                                          does increase costs. Parties are encour-
                                                       Apart from obvious practical improve-       aged to cooperate, make appropriate dis-
the delivery of justice, and strengthen the
                                                  ments such as the use of easily under-           closure, behave reasonably, and make an
rule of law. The Criminal Division project is
                                                  stood words and the reduction in the             early offer of settlement and negotiate
being headed by retired Justice of Appeal
                                                  number of chapters from 41 to 25 and             sensibly to try to avoid litigation. Even if
Honourable Albert Redhead. The pilot is
                                                  the number of forms from 84 to 25, the           litigation is subsequently necessary, par-
scheduled to run for a period of two periods
                                                  Family Law Rules 2004 set out all of the         ties will benefit from following the pre-
after which time it is the intention to repli-
                                                  court’s existing practice, procedure and         action procedures because it will have
cate it in the other territories that comprise
                                                  case management principles in a better           helped to clarify what is actually in dis-
the ECSC.
                                                  way and introduce a number of innovative         pute.
                                                  provisions relating to areas such as ex-         ♦ Expert evidence (Part 15.5)
                                                  pert witnesses and disclosure.                   There is a significant change to the rules
                                                       The Rules adopt a number of modern          about expert witnesses aimed at control-
                                                  drafting techniques such that                    ling unnecessary cost and delay and
                                                  ♦ the audience is told the purpose of            eliminating problems of a lack of objectiv-
                                                  rules of court and is given an insight into      ity of some experts. The provisions will
                                                  why the court will manage a case in a cer-       assist the court to ensure that the evi-
                                                  tain way—for example the principle of pro-       dence given is relevant to an issue in dis-
                                                  portionality which requires that cases are       pute, given by a person with expertise in
      CALL FOR PAPERS                             conducted in a manner, at a cost and             the area and clear and useful to the trial
                                                  within a time that is appropriate, taking        judge in deciding the case.
2005 NACM Annual Conference theme:                into account the issues involved and the         ♦ Disclosure (Chapter 13)
The Court Management Profession: Is-              financial means of the parties.                  The provisions about disclosure are
sues and Relationships                            ♦ parties are better informed of their obli-     aimed at assisting in the control of costs
                                                  gations to the court and of the conse-           and delay by eliminating problems of over
  Papers will be considered for presenta-         quences of non-compliance with orders            discovery and ensuring that the disclo-
tion and distribution at the 2005 Annual          and rules.                                       sure is relevant to an issue in dispute and
and publication in the NACM Court Man-            ♦ the chapters flow sensibly from the            proportionate to the case.
ager and Court Communiqué. The dead-              start of the case to the end of a case.                The Court believes that based on the
line for papers in draft or final form and        ♦ there is a focus on ensuring that a per-       success of similar initiatives in the United
workshop proposals is July 19, 2004.              son using the Rules is fully informed for        Kingdom the changes in these areas will
Papers, workshop proposals and com-               example there are notes, cross refer-            be of significant benefit to all involved in
ments can be sent to Geoff Gallas,                ences, explanatory guide, rules setting out      the family law jurisdiction.
NACM Consultant, 444 Harvey St., Phila-           factors which the court will consider on an
delphia, PA 19144, or preferably by               application, and rules setting out matters           Should you wish to contact Justice
email to                         to be included in affidavits.                    Buckley for more information, his email
                                                  ♦ the forms are specifically designed hav-       address is
  For more information and a listing of possi-
                                                  ing regard to research as to what people   
ble topics, visit the National Association
for Court Management                              find easier to understand and complete.
Website:                   ♦ the rules and forms are electronically
CJEI Report       June 2004          Page 4

                               I am delighted     was attended by the judges who chair and
                              to advise you       the judges who are the executive directors
                              that Dr. N.R.       of the state and regional education bodies.
                              Madhava             The newly finished $10 million Judicial
                              Menon, Director     Academy in Bhopal is extremely impres-
                              of the National     sive, can accommodate 200 and resembles
                              Judicial Acad-      a large Taj Mahal.
                              emy of India, has        There are many state academies in
                              joined our Advi-    India. The Supreme Court of India ordered
                              sory Board. As      their establishment ten years ago, but with
                              will be seen in     the opening of the National Judicial Acad-
                              his biography in    emy of India in Bhopal, state academies are
   Sandra E. Oxner, O.C.     our profile sec-     no longer mandatory. I had the opportunity
        Chair of CJEI        tion, Dr. Menon      in Delhi of spending time with the Honour-
                             brings out-          able Justice Jain, Chair of the Delhi Judicial
 standing experience to the Advisory Board        Academy, and Dr. Jain, the Executive Di-
 and we are honoured to have him with us.         rector.
 We look forward to India assuming a lead-             We are grateful to the Honourable Jus-
 ership position in Commonwealth judicial         tice Madan B. Lokur, Judge of the High
 education.                                       Court of Delhi, for allowing us to reprint
      This Report combines the first two          his report in the December 2003 DJA Jour-
 issues of 2004 and includes a report of the      nal.
 December 2003 Second Biennial Meeting                 In May I participated in a panel on
 of Commonwealth Judicial Educators held          judicial ethics at the biennial conference of
 at the Sandals Grande Hotel, St. Lucia. I        the International Association of Women
 wish to express our gratitude to the Hon-        Judges (IAWJ) held in Entebbe, Kampala.
 ourable Chief Justice Sir Dennis Byron of        Our patron, the Honourable Chief Justice of
 OECS, the Honourable Justice Adrian              Uganda, Benjamin Odoki, hosted the meet-
 Saunders of the OECS Court of Appeal, the        ing, made a keynote address and partici-
 Chair of both the OECS Judicial Education        pated in the judicial ethics panel.
 Committee and the Biennial Meeting Pro-               We had a CJEI Fellows reunion dinner
 gram Committee, the OECS judges and the          following the conference with Ugandan
 court administrative staff for their warm        Fellows, including the Honourable Justice
 hospitality and outstanding organization.        John W.N. Tsekooko (CJEI, 1997), Hon-
 Special thanks to the dedicated Lilith Dal-      ourable Justice Joseph Nyamihana Mulenga
 phinis, the adult educator at the OECS Judi-     (CJEI, 2002), Honourable Lady Justice
 cial Education Institute and Alana Sim-          Stella Arach Amoko (CJEI, 1999) and Mr.
 mons, the Executive Officer of the OECS          Lawrence Gidudu (CJEI, 1996). We were
 Judicial Education Institute.                    delighted to have in our midst the Honour-
      I am most grateful to have had the op-      able Justice Fred M.S. Egonda-Ntende
 portunity of visiting India this winter where    (CJEI,1996), who chanced to be home on a
 I had the pleasure of meeting Dr. Menon,         visit from his international judicial post.
 the new director of the Indian National Ju-      Our Fellow and Director the Honourable
 dicial Academy. It was a great honour to be      Justice Sophia Akuffo of the Supreme
 invited to visit the Judicial Academy com-       Court of Ghana also joined us, accompa-
 plex in Bhopal and to attend the first-ever      nied by her sister, who lives in Kampala.
 meeting of judicial educators. This meeting

                                                                                                   TOP: On this famous wall the phrase
                                                                                                   “Constitutional Court” is written in the eleven
                                                                                                   official languages of South Africa. Each is in a
                                                                                                   different colour, to represent diversity.
                                                                                                   MIDDLE: Inside the Constitutional Court, where
                                                                                                   all twelve judges sit.
                                                                                                   BOTTOM: The Constitutional Court Building
                                                                                                   LEFT: The Bhopal National Judicial Academy
                                                                                              CJEI Report       June 2004        Page 5

     The conversation centered largely         Justice Dixon Kwame Afreh                    (the compulsory retiring age for Superior
on contemporary concerns relating to the                                                    Court Justices) in March 2003, he retired
independence of the Ugandan judiciary.                1933 to 2004                          from the Bench. However, because of his
The Ugandan ombudsman had suggested                     CJEI Fellow 2003                    vast experience as an educator, in Sep-
at the IAWJ conference that the judicial                                                    tember 2003, he was appointed the Direc-
term of office should be limited to ten                                                     tor of the Institute of Continuing Judicial
years. As may be expected, this recom-                                                      Studies, Ghana.
mendation was badly received by the                                                              He is survived by his wife Rosalind,
judges, who perceived it as a threat to                                                     five children and numerous grandchildren.
judicial independence.                                                                      He will be much missed by his family, col-
     From Uganda I went to South Africa                                                     leagues and large circle of friends.
to visit with retired Constitutional Court
judge Johann Kriegler, head of the judi-
cial education body recently established
in South Africa. Judge Kriegler, in addi-
                                                                                                 William Matheson Lewis
tion to bringing me up to date on judicial                                                             1934 to 2003
education issues in South Africa, also                                                                      CJEI Director
took me on a never-to-be-forgotten tour
of the new Constitutional Court prem-
ises. I met with our regional Chief Mag-
istrate Joe Raulinga, (CJEI, 1995) and       Honourable Justice Afreh was born on 25th
Chief Magistrate Valerie Gqiba. All          March 1933 in Kumasi, Ashanti Region,
three have endorsed a CJEI pan-              Ghana. Because his father was a royal
Commonwealth program on “The Subor-          courtier, his naming ceremony was person-
dinate Court” to be held in South Africa     ally performed by the then King of Ashanti,
as part of our 10th anniversary celebra-     Nana Sir Osei Agyeman-Prempeh II. He
tion.                                        was brought up in the palace with the
     Before returning home I visited         royal children of the King.
Pakistan to meet with Judge Chaudhry              He graduated the University of Bir-       William Matheson “Bill” Lewis passed
Hasan Nawaz, Director General of the         mingham, England with honours in 1958          away on December 6, 2003. He resided in
Federal Judicial Academy, to discuss a       with a Bachelor of Law (LL.B.) degree and      Upper Canard, Kings County with his wife
jointly organized CIDA-funded program        received a Master of Laws (LL.M.) from the     Susan. He is also survived by his sons
on “roll out” judicial education program-    University of London in 1960. He was           John, Stephen and Paul, his daughter
ming. Our new patron, the new Chief          called to the bar at Lincoln’s Inn, London,    Megan, sister Mora Donald, and three
Justice of Pakistan, Nazim Hussain Sid-      in 1960.                                       grandchildren.
diqui, kindly received me and gave great           In 1962, he was appointed a lecturer          He was born in Louisbourg, Cape
personal support not only to our joint       at the then newly established Faculty of       Breton and was the only son of the late
project, but also to forthcoming regional    Law, at the University of Ghana and rose       William and Catherine Lewis. He received
and international CJEI programming.          to the rank of Senior Lecturer in 1978. He     his Bachelor of Commerce, LL.B., and cer-
     I must close this note now as this      also taught Press Law at the School of         tification as a chartered accountant. After
year’s participants in the Intensive Study   Mass Communication at the University of        graduating Dalhousie University he prac-
Programme are arriving in Halifax and I      Ghana.                                         ticed as a lawyer, a chartered accountant
must go to meet them. We are very                 From 1975 to 1978 he was, in addi-        and judge in the Annapolis Valley before
pleased this year to have participants       tion to his academic functions, a Chief        moving to Ottawa, where he was Assistant
from Barbados, Lesotho, Nigeria, OECS,       State Attorney at the Office of the Attorney   Legal Counsel for the Export Development
Philippines, Solomon Islands, Trinidad       General. From 1978 to 1980 he was the          Corporation.
and Vanuatu. I will give you a full report   Director of Legal Education of the Ghana            Mr. Lewis was a CJEI Director from the
of this year’s Intensive Study Pro-          School of Law, in addition to functioning      time of its founding in 1994 until his pass-
gramme in our next issue. Also in the        as the Commissioner of Information be-         ing. He acted as the CJEI lawyer until ill-
next Report we will have special sec-        tween 1978 and 1979.                           ness forced his retirement in 2003. All of
tions on judicial education in India and           In 1993, he was appointed the Dep-       us at CJEI will miss his support, his innova-
the planning and opening of the out-         uty Commissioner for Administration and        tive thinking and his determination for CJEI
standing new South African Constitu-         Finance at the Electoral Commission and        to succeed at improving the administration
tional Court building in Constitutional      in 1994, he was elevated to the Bench as       of justice throughout the Commonwealth.
Square in Johannesburg.                      a Justice of the Court of Appeal. In 2002,
          —Halifax, June 22, 2004            he was appointed a Justice of the Su-
                                             preme Court of Ghana. Having turned 70
CJEI Report       June 2004          Page 6

        They came from all places. They came        public often perceives judges as biased,               The potential for education through
    with their own stories, languages and cul-      condescending and aloof. The public sees           cross-cultural sharing was also a common
    tural histories. At first glance it may have    the judicial system as one that readily im-        suggestion. Ms. Maria Dakolias, acting
    appeared that there was little that tied this   prisons vulnerable offenders. It matters not       Chief Counsel of the Legal and Judicial
    group together. Each came with concerns         so much that this belief is true, but that it is   Reform Practice Group of the World Bank,
    gathered from personal experience; each         sincerely held by the majority of society. A       suggested in her keynote address that one
    carried the hope that inspires reform. Yet      challenge for judicial education and train-        way to strengthen judicial efficiency is
    these individuals were unified in one vital     ing, Honourable Justice Smellie argued,            greater cooperation amongst judiciaries,
    respect: their commitment to judicial edu-      must therefore be to dispel the criticism          networking, sharing knowledge and know–
    cation.                                         that the judicial system, as part of the social    how and developing databases for judicial
        In early December 2003 judicial educa-                                                         statistics—some of the very tasks with
                                                                                                       which CJEI is concerned. Similarly, Hon-
    tors from fourteen countries gathered in St.       “…judicial education                            ourable Justice Smellie stressed that judi-
    Lucia to discuss the need for and appropri-
    ate type of judicial education in a world        [in South Africa]…can                             cial training must not be theoretical or
                                                                                                       classroom oriented, but that intra-regional
    where the demands placed on the judiciary        and must bring to the                             exchanges of judges afford practical obser-
    is in flux. The theme “Training the Train-
    ers” provided a forum to explore both ef-          older generation of                             vation of procedure. Intra-regional ex-
    fective pedagogy and the deeper issues          white judicial officers a                          changes are also more cost-effective than
    facing the judiciary today.                                                                        more expensive attachments to the UK and
        Although the conference was structured
                                                      fresh perspective on                             Canada.
    so that voices from a variety of regions        society and at the same                                 The common concerns identified in the
                                                                                                       four keynote addresses are vividly illus-
    could be heard, it became clear over the
    course of the three-day conference that
                                                      time rapidly enhance                             trated by the experience of the South Afri-
    many of the issues affecting these regions      the legal knowledge…of                             can judiciary, as described in the Honour-
                                                                                                       able Judge Johann Kriegler’s keynote ad-
    were the same. Therefore speakers from            a new generation…of                              dress. South Africa is in a unique position
    regions as diverse as India, South Africa
    and the Caribbean discussed both the uni-         previously disadvan-                             in that its entire society has embarked on a
                                                                                                       process of reform and reorganization in the
    versal themes that concern all judiciaries,       taged practitioners”.                            post-apartheid era. Inevitably, the judiciary
    while specifically addressing the needs of
    their given region.                                                                                is in flux along with the society. This judi-
                                                     -Honourable Judge Johann                          ciary needs not only to heal the scars of
        Identified in all three keynote addresses            Kriegler                                  disempowerment, racial, gender and mate-
    was the need amongst judicial officers to be
                                                                                                       rial inequality inherited from the former
    more open-minded regarding judicial edu-        hierarchy, is bent on preserving the status        undemocratic social and economic structure
    cation. The Honourable Mr. Justice K.G.         quo. The conviction that an individual, re-        of South African society under apartheid,
    Balakrishnan of the Supreme Court of India      gardless of social status, has access to jus-      but needs also to redeem itself from a past
    stated in his keynote address that most Su-     tice must be firmly entrenched. During her         of isolationism and positivism.
    perior Court judges in India have little or     workshop presentation the Honourable
    no judicial training and are not receptive to                                                          The law in South Africa had fallen into
                                                    Judge Nancy Flatters of Canada argued that         disrepute, Honourable Justice Kriegler ar-
    the idea. Similarly, the Honourable Judge       the courthouse should ideally be seen as a
    Johann Kriegler of the Constitutional Court                                                        gued, because it had previously been used
                                                    place of community support and not as a            as a ‘tool of oppression’. The judiciary
    of South Africa said in his keynote address     place of last resort.
    that the majority of judicial officers resist                                                      must seek to restore and build public confi-
    change and regard the very notion of judi-           Keynote speakers also spoke of the            dence in the administration of justice in
    cial education as anathema. Many judicial       need for judicial education to go beyond           general, and in the judiciary in particular,
    officers regard this education                  the basics and tackle specialized topics.          said Honourable Justice Kriegler.
                                                    Honourable Mr. Justice Balakrishnan advo-              However, the task becomes more diffi-
        as “camouflaged brainwashing, inter-        cated judicial training in developing fields
    fer[ing] with judicial independence, and,                                                          cult because of the existing judiciary’s re-
                                                    such as biodiversity, biotechnology, infor-        sistance to education and the need to train
        circumvent[ing] the separation of pow-      mation technology and environmental sci-           previously disadvantaged legal practicion-
    ers.” Both speakers stressed that these atti-   ence. Similarly, Chief Justice Smellie iden-       ers for judicial roles. The irony is that in
    tudes must change before judicial education     tified the need for Caribbean judges to            order to make the transition to real democ-
    can create substantive improvement.             move beyond a generalist’s knowledge and           racy, judicial education—the very thing
        The image that society has of the judici-   explore areas such as the law and practice         that is resisted—is paramount. Therefore
    ary must also change. The Honourable            of trusts, intellectual property, alternative      the challenge is two-fold: to introduce re-
    Chief Justice Anthony Smellie from Cay-         dispute resolution and anti-money launder-         form to judicial officers steeped in the
    man asserted in his keynote address that the    ing.                                               mindset of South Africa’s conservative

To top