ONE of the major speaking points between the executive and judiciary is the role a president plays in appointing judicial and constitutional officers.
Speaking at the Fiji Law Society Convention in Nadi last week, Ugandan Supreme Court judge Justice Mike Chibita said oftentimes the conversation focused on the president having too much power.
“They talk about how the president talks about too many powers because the president appoints the judges,” Justice Chibita said.
“The question is often asked if the judges appointed by the president can ever make a decision against the same president.”
He said the same question was asked about Electoral Commissions.
“Most judiciary officers are members of the Electoral Commission whose chair is appointed by the president.
“The question is always asked, can such an Electoral Commission actually conduct free and fair elections where the appointing authority is involved?
“In answering some of these questions we, of course, know there are three arms of government and they should be independent of each other.
“Definitely the judiciary must be independent of both the executive and the legislature.
“Of course, the issue of appointments has been debated in many jurisdictions and I don’t think there is an informed alternative to who appoints judicial officers.
“There are judiciary commissions decided by Parliament but ultimately the appointment authority in most jurisdictions is the president.”
Acting Attorney-General Siromi Turaga (left) with Justice Mike Chibita of the supreme court of Uganda and Mohammed Ali Maqbool during a break at the Fiji Law Society Convention and 2nd Pasefika Lawyers Collective Conference 2025 at Crowne Plaza, Wailoaloa, Nadi. Picture: BALJEET SINGH
