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Annex 1 - Commonwealth Magistrates and Judges Association CMJA

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Annex 1 - Commonwealth Magistrates and Judges Association  CMJA Powered By Docstoc
					                                                                              15 September 2006
                                    GENERAL ASSEMBLY
                                   (and Annual General Meeting)

Minutes of the 14th General Assembly of the CMJA held on Friday 15 SEPTEMBER 2006 at the Delta Chelsea
                                    Hotel, Toronto, Canada at 14.00pm


Present:
Stella Mutoka              Kenya                        John Numapo                    Papua New Guinea
Gill Kelly                 England and Wales            Wilson Musene                  Uganda
Petronel Turnbull          England and Wales            Birnie Stephenson-Brookes      Anguilla
John Devaux                England and Wales            Adrian Saunders                Trinidad and Tobago
Ayobolu Olubola            Nigeria                      Brian Alleyne                  St Lucia
Yaya Jinadu                England and Wales            Benjamin Odoki                 Uganda
Christiana Fomenky         Cameroon                     Rose Mbah-Ache                 Cameroon
Gilbert Mutembei           Kenya                        Paul Evande Mwambo             Cameroon
Bruce Kerr                 Scotland                     Henry Brooke                   England and Wales
Florence Mucheme           Kenya                        Robin Millhouse                Kiribati/Nauru
Elneth Kentish             Barbados                     Mahapela Lehohla               Lesotho
Ron Cahill                 Australia                    John Jennings                  Canada
Douglas Allan              Scotland                     Robin Wild                     Scotland
Siti Norma Yaakob          Malaysia                     Pansy Griffths                 Jamaica
Jean Hanson Hills          England and Wales            Sylvia Arthur Hurdle           Barbados
Kipling Douglas            Cayman Islands               Richard Williams               Turks and Caicos
Clover Thompson Gordon     Jamaica                      Charles Pitto                  Gibraltar
Tshifhiwa Maumela          South Africa                 Sandra Oxner                   Canada
Desiree Bernard            Trinidad and Tobago          Kieran McLernan                Scotland
Maureen Rajneuth –Lee      Trinidad and Tobago          Wilhemina Hammond              Ghana
Peter King                 England and Wales            Colin Scott Mackenzie          Scotland
Michael Halliday           Australia                    Marlyne Parker                 Scotland
Michael Hill               Australia                    Joseph David Camilleri         Malta
A Adeniran                 Nigeria                      Winsome Henry                  Jamaica
Michael Connor             England and Wales            Puethise Motanyane             Lesotho
Grace Ntiamoah             England and Wales            Morapeli Makara                Lesotho
Robert Kilpatrick          Canada                       Olasupo Olaibi                 Nigeria
John Buchanan              England and Wales            Matankiso Nthunya              Lesotho
Grace Donalds              Cayman Islands               Lisebo Chaka-Makhodane         Lesotho
Harry C Chisolm            Cayman Islands               Mafelile Ralebese              Lesotho
Vernicia Watler            Cayman Islands               J F Van Schalkwyk              South Africa
Sybil I McLachlin          Cayman Islands               Dario Dosio                    South Africa
Mesod Belilo               Gibraltar                    Epafroditus Petrus             Namibia
Tim Workman                England and Wales            Christie Liebenberg            Namibia
Faith Marshall Harris      Barbados                     S S Mainga                     Namibia
Barbara Mensah             England and Wales            M S Mothebe                    Lesotho
G M Kasonde                Zambia                       Henrique Carlos Xavier Cossa   Mozambique
Bill Annan                 England and Wales            Sandra Machatine Tenjua        Mozambique
Dennis K Chirwa            Zambia                       Paulette Williams              Jamaica
Cosmas Idye                Nigeria                      John Powell                    England and Wales
Dan Ogo                    Nigeria                      J E Gicheru                    Kenya


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Edward Muruthi                   Kenya                        Wayne Tarr                    Australia
Marie Distin                     Jamaica                      Walter Ehrich                 Australia
Olive D Lyn                      Jamaica                      Rodger Neilson                Scotland
Gloria Millwood                  Jamaica                      H Y Henan                     Nigeria
Idell Grant                      Jamaica                      Judith Queree                 Jersey
Verne M Sherriah                 Jamaica                      Opeyemi Oke                   Nigeria
E O Williams- Dawodu             Nigeria                      Kikelomo Ayeye                Nigeria
Jennifer Powell                  England and Wales            Edward Hill                   England and Wales
Wayne Evans                      Australia                    Donald Mackay                 Scotland
Brian Lockhart                   Scotland                     Andrew C Normand              Scotland
Estelle Evans                    Bahamas                      Frank Crowe                   Scotland
Hartman Longley                  Bahamas                      Leonardo A Simbine            Mozambique
Zeenat Carelse                   South Africa                 Norma Wade Miller             Bermuda
C A Wilson                       Ghana                        Lucy Gitari                   Kenya
Robin Batu                       Ghana                        John Nield                    Australia
Cypriana Williams                Tanzania                     Michael Oduor                 Kenya
John Vertes                      Canada                       Henry Sandy                   Sierra Leone
R J Bauman                       Canada                       Sydney Warne                  Sierra Leone
John Bailey                      Australia                    Bob Lawrence                  Australia
R J Abood                        Australia                    John Tibbo                    Jersey
RH Motsomane                     South Africa                 Debbie LeMottee               Jersey
Sybil Roach Tennant              England and Wales            W Peter White                 Australia
Wesley Weekes                    England and Wales            Douglas Bolster               Australia
Donna Newton                     Bahamas                      Nasiru Idris                  Nigeria
Nithiyantntham Murugesu          Malaysia                     Ahmad M A                     Nigeria
January Msoffe                   Tanzania                     Joan McDonald                 Jamaica
Augustine Muwarija               Tanzania                     Isabel Hollis                 England and Wales
Sybil Jackson                    Cayman Islands               Oyelesu Ademola               Nigeria
Gordon Ashton                    England and Wales            David Hope                    Scotland
Robert Zara                      England and Wales            Keith Hollis                  England and Wales
David Owen                       England and Wales            Michael Lambert               England and Wales
Pal Sanghera                     England and Wales            Paul Norton                   England and Wales
Errol Wesling                    Australia                    Cindy Barnett                 England and Wales

In Attendance:          Dr Karen Brewer

The President of the CMJA, Lord Hope of Craighead, welcomed Delegates to the General Assembly.

1. MINUTES AND MATTERS ARISING

The Minutes of the last General Assembly Meeting held in Malawi were taken as read. There being no amendments
the Minutes were approved.

There were no matters arising.

2       APOLOGIES FOR ABSENCE

The Secretariat had not received any apologies for absence.




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3.      PRESIDENT’S REPORT

The President’s report had been circulated in advance. He stressed the urgent need for subscriptions to be paid by
Member Associations and Associate Members and the CMJA’s dependence on prompt payments in order to ensure
activities were continued. This was particularly important as non-payment, under the new constitution, would mean
Member Associations and Associate Members who did not pay would lose their right to vote. The General Assembly
were informed that Michael Lambert, who had served as Executive Vice President since 1994 and as Treasurer of the
Association for many years, was retiring. The President thanked him for his leadership and thanked Jane Lambert for
her support over the numerous years that Michael Lambert had served on Council. He also thanked the Treasurer,
Paul Norton and the Secretariat (Karen Brewer and Paul McDermott) who were the engine house of the CMJA. He
expressed his thanks to the Members for the privilege of working in the CMJA.

4. TREASURER’S REPORT

The Treasurer’s Report was tabled. The Treasurer explained that the accounts which had been included in the
Conference pack, had been prepared in accordance with English law and the requirements of the Charity Commission.
The Treasurer reported a loss of £10,126 for the period ending 30 April 2006. The main income came from Member
Association and from individual members. Other grants and donations accounted for 1/3rd of the income. The CMJA
thanked the Commonwealth Foundation for their continued support of the CMJA. However, the CMJA had to apply
each year for this grant and the Foundation had indicated that the CMJA should seek other sources in certain areas. It
was therefore essential that the Member Associations paid their dues on time as non payment affected the cash flow of
the Association. One of the major outlays was the deposits to be paid in advance of Triennial Conferences.

The Commonwealth Foundation were keen for the CMJA to be self-supporting. The CMJA’s individual membership
came from both salaried judicial officers as well as the unpaid lay magistracy in England and Wales and the
Caribbean. The latter contributed the larger portion of monies received from individuals. It was important that more
Associate Members be encouraged to join. The strength of the Association was the exchange of experiences and
views. And although not all could participate in the Conferences, the Conference reports were useful tools which could
be used by Associate Members to see the value of the CMJA.

5       REPORTS

Executive Vice President
The Executive Vice President thanked Karen Brewer and Paul McDermott in the Secretariat and Paul Norton, the Hon.
Treasurer. He also acknowledged the assistance of the staff of JLC, Gill Pilkington, Dawn O’Hanrahan and Sue
Percy, the Conference organizers who had been a source of assistance to the CMJA in the organization of the
Conference. The Executive Vice President stressed that finances were the key factor in the work of the Association.
He pointed out that the CMJA was under some constraints financially as it was unable to go to outside commercial
sponsors as other organizations might and this limited the funding potential and thus it needed the support of the
Member Associations and Associate Members.

Although some discontent had been expressed amongst the lay magistracy about their current position in the CMJA,
he felt that Sir Thomas Skyrme would have he considered it vital for all echelons to be represented within the CMJA
whilst maintaining a constitution in favour of judicial officers of limited jurisdictions.

Regional Vice Presidents
These reports were taken as read. The Regional Vice Presidents and Council Members were thanked for these detailed
reports.

Gender Section Report
This report was circulated. The President expressed the thanks of the Meeting to Clover Thompson Gordon as Chair

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of the Gender Section for the work that this section had undertaken and the promotion of the involvement of both
genders in promoting equality.

Secretary General’s Report
This report was taken as read. The Secretary General noted that during the conference, the CMJA had been asked
what it could do to help implement the Commonwealth (Latimer House) Principles on the Accountability of and
Relationship between the Three Branches of Government. In the past three years, the CMJA had been active in
providing support to judicial officers in countries where there had been attempts to erode independence of the judiciary
and the CMJA had also received requests to make submissions on constitutional reforms affecting judicial officers.
The CMJA was very receptive to such requests or to assist where judicial officers might be in difficulties in relation to
judicial independence. She re-iterated that it was important that members notify the Secretary General of any issues
that might arise in this area so that the Council could consider what action should be taken. The CMJA was conscious
of its apolitical status.

Member Associations were also encouraged to send a contact email to the secretariat for issues relating to
administration of membership and membership dues as this would greatly assist the resolution of outstanding debts.

Report from the Director of Studies
The report was taken as read.

Report from the Editor of the Commonwealth Judicial Journal
The report was taken as read.

6       ELECTION OF OFFICERS

President                        Tan Sri Dato’ Justice Siti Norma Yaakob

Atlantic & Mediterranean
Regional Vice-President          Sheriff Douglas Allan (Scotland)
First Council Member             Justice John Vertes (Canada)
Second Council Member            Mrs Jean Hanson Hills (England and Wales)

Caribbean
Regional Vice-President:         Justice Norma Wade Miller (Bermuda)
First Council Member             Mrs Birnie Stephenson- Brooks (Anguilla)
Second Council Member            Hon. Richard Williams (Turks and Caicos)

East, Central & Southern Africa
Regional Vice-President:     Mr T Joe Raulinga (South Africa)
First Council Member         Mrs Rosmelle Mutoka (Kenya)
Second Council Member:       His Hon. Justice J Christie Liebenberg (Namibia)

Indian Ocean
Regional Vice-President          Mr Nicholas Ohsan-Bellepeau (Mauritius)
First Council Member             Mr Nithiyanantham Murugesu (Malaysia)
Second Council Member:           vacant

Pacific Ocean
Regional Vice-President -        Mr Samiuela Palu (Tonga)
First Council Member -           Deputy Chief Magistrate Michael Hill (Australia)
Second Council Member-           His Hon Robin Millhouse (Kiribati/Nauru)

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West Africa
Regional Vice-President         Mr Paul Evande Mwambo (Cameroon)
First Council Member            His Hon. Justice G. M Quaye (Ghana)
Second Council Member           Chief Magistrate Ahmed M. Abubakar (Nigeria)

The above were duly elected by general acclamation at the General Assembly.
The President thanked those leaving the Council and asked the General Assembly to authorize him to thank them on
its behalf. This was agreed to.

The General Assembly considered the proposal that the following be nominated as Hon. Life Vice Presidents:
Michael Lambert
Clover Thompson Gordon

The above were duly nominated by general acclamation.

7.      ANNUAL GENERAL MEETING

The Meeting then considered the business as required by the United Kingdom Companies Acts.

7.1 Accounts
It was proposed by John Jennings and seconded by David Armati and it was resolved that the Association's Accounts
for the year ending 31 April 2006 be adopted.

7.2 Auditors
It was proposed by David Armati and seconded by Kipling Douglas and it was resolved that Messrs Alliotts Chartered
Accountants be appointed for the forthcoming year.

7.3 Directors
It was proposed by David Armati and seconded by Clover Thompson Gordon and it was resolved that Lord Hope of
Craighead and Lord Justice Henry Brooke be elected as Directors.


7. OPEN DISCUSSION

There was a question regarding input on constitutional reforms. The General Assembly was informed that a sub-
committee had been set up to consider whether any revision to the Constitution was required. It was suggested that if
any member had any points they should contact the Secretariat who would pass on these requests to the Sub-
Committee chairman.

It was suggested that Member Associations and Associate Members contact their Council Members and their Regional
Vice Presidents if they wished to raise any particular issue, so that they could pass on the information to the
Secretariat.

Mrs Clover Thompson-Gordon called on those present to remember to register for the Conference in Bermuda in
August 2007.

8       ANY OTHER BUSINESS

Dorothy Winton Travel Bursars
The General Assembly were informed that Dorothy Winton, the first Secretary of the CMJA, who had passed away

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and her family, had made donations to the CMJA for a Travel Bursary for the participation in Triennial Conferences.
It was reported that three people had benefited from the Dorothy Winton Travel Bursary to participate in the
Conference. They were:
Lucy Bucyana from Uganda
Mary Mkebwani from Malawi
Jefferson Leua from Solomon Islands

The CMJA was keen to build the fund so as to give the opportunity to others as these awards were extremely
important to assisting magistrates to participate and gain knowledge from the Conference and delegates were
encouraged to contribute to it as best they could.

New Executive Vice President
The General Assembly were aware that Michael Lambert was retiring as Executive Vice President. They were
informed that Lord Justice Henry Brooke had agreed, subject to appointment by the Council, to take on this position.
He was given the opportunity to speak to delegates:
“As you have heard this great association is run by a permanent staff of two in a small office in central London. Its
Council members are scattered all over the world and Council meets just once a year.
The CMJA can only run at all if the staff have a senior member of Council close at hand in London to guide, advise
and comfort them – never, I hope, to direct. This is why the post of Executive Vice President was created. Michael
Lambert has been the only holder of that office and knows all its secrets and all the skeletons in the cupboard. At the
Council Meeting that follows I am being offered up for appointment as sacrificial lamb to succeed him.
If I am appointed, I will need all your help if CMJA is to live up to its ideals. I see its role in championing judicial
independence throughout the Commonwealth and upholding the Commonwealth (Latimer House) Principles, in
championing judicial education as the most important tasks it undertakes. It also has an important role in acting as
an information exchange for judges and magistrates who are embarking on new ventures: IT, ADR are just two
examples. I can add up, I think, but I do not have Michael‟s accounting skills. What I do bring to the office, if I am
appointed, is a devotion to the ideals of the Commonwealth and experience as a senior judicial officer in one of the
countries that make up the Commonwealth. If appointed, I will be happy to make this devotion and experience
available to this wonderful association”

8. DATE AND PLACE OF NEXT TRIENNIAL
The General Assembly were informed that there were strong indications that the CMJA would be holding its next
Triennial in Malaysia and further information would be communicated in due course.

9. NEW PRESIDENT’S ADDRESS
The New President, The Rt. Hon. Justice Tan Sri Dato’ Siti Norma Yaakob, made the following speech:

“Lord David Hope, Honourable Chief Justices, Honourable Judges, Fellow Members of CMJA, Ladies &
Gentlemen.

I am greatly honoured by the trust and confidence that you have placed in me by electing me to lead CMJA
for the next three years. In so doing you have also honoured Malaysia, the country that I come from.

I am fully aware of the responsibilities that go with this appointment and with the cooperation from other
members of the Council and your support coming from the different parts of the Commonwealth, I shall on
my part do my utmost to achieve the aims and aspirations of CMJA.

I take this opportunity to pay a special tribute to Lord David Hope of Craighead for steering CMJA to what
it is today and conscious of the fact that he had left an indelible mark as a leader, I feel that I have a


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daunting task ahead of me. However I know that I can count on him for his continued cooperation and
support and guide me on the right path to further enhance the image and well being of CMJA.

On the same token, I wish to acknowledge the enormous contributions made by Mr. Michael Lambert, who
has indicated his intention to withdraw as the Executive Vice-President of CMJA.

Many of you may not be aware that Michael Lambert was following in the footsteps of his father, who as a
Justice of the Peace, had made his mark with CMJA. I recall that the late Mr. Lambert, Senior, visited K.L.
in 1975 when CMJA held its conference there.

We will surely miss you Michael, and I wish you and Jane continued good health and a well deserved
retirement.

I bid a warm welcome to Lord Justice Henry Brooke, who has consented to take over from Michael Lambert
and I look forward to working closely with him.

For the past five days we have been enjoying the kindness and hospitality of the Canadian Judiciary and the
Canadian Government. This I must add, is due, in no small measure to the untiring efforts of Justice John
Jennings and members of his Organising Committee who have made us most welcome in Toronto, and
spared no effort to make this Conference a success. And a success it is, gauged by the large number of
participants and the presence of not less than 25 Chief Justices from the various jurisdictions.

For the first time too, this Conference has attracted participants from countries outside the Commonwealth.
This can only happen by the interest generated by Justice John Jennings and members of his Committee.

On behalf of all the participants at this Conference, I salute and thank you, Justice John Jennings and
members of your Committee for the time taken and the untiring efforts made in organizing this Conference.
It is our verdict that this Conference has been a resounding success and we have you to thank for it.

I must also not forget Mrs. Jonnie Jennings who steered a special programme for the accompanying guests.

The theme of this Conference reflects the diverse issues faced by judicial officers of all ranks coming from
all parts of the Commonwealth. We have the Director of Studies, Judge Keith Hollis to thank for on the
choice of the subject matters which we have been discussing the past five days. To him I express my deep
appreciation and gratitude for all his efforts in arranging a programme that created great interest for the
common benefit of all.

Last but not least, I wish to thank our Secretary General, Dr. Karen Brewer aided by Mr. Paul McDermott
and Mr. Paul Norton for all the hard work they had put in to ensure that nothing shall mar the smooth
running of this Conference.

This Conference will be declared officially closed presently and by tradition and custom, the next one, the
15th, will be held in the country of the current President. As I have just assumed that position, I hope to see
you all in Malaysia in 2009.

Besides the personalities, I have singled out, I am very much aware that there are a large number of


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persons who have assisted either directly or indirectly with the running of this Conference, not the least of
which being you, the participants, who have travelled far and wide to be in Toronto and true to your calling
have participated actively in the sessions that followed. To all of you “Thank You”, „Merci beaucoup’ and
in my own language „Terima Kasih‟.”

Signed




President




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