Posted by Chester Morton / Tuesday, 20 September 2016 / No comments
The problems of the judiciary
Definition
The judiciary can be defined
as the third arm of government after the executive and the legislature.
PROBLEMS OF THE JUDICIARY
Poor salary
One of the problems of the
judiciary is poor conditions of service. It has been established that the
condition of service of the judiciary in, especially in developing countries is
nothing to write home about. The unattractive nature of the judiciary is the
reason why many qualified but experienced lawyers have refused calls to the
bench and remained in private practice.
Corruption
It is widely perceived that
the judiciary is full of corrupt practices. In a recent expose of the judiciary
in Ghana, many judges and court officials were caught on tape taking bribes,
scheming to take bribes or having sex in exchange for favourable judgment.
Congestion in the
court
Many of the courts are choked
with criminal and civil cases. Some of these cases have been pending for so
long that some of the players in the case have lost interest in the cases. This
is attributed to the snail pace at which the court cases proceed.
Poor infrastructure
Many court buildings are in a
bad state, the infrastructure are not suitable for occupation by court
officials. In some remote areas, Magistrates are unable to sit when it rains
because the roofs leak.
Low funding
Another problem of the judiciary
is the poor allocation of the resources to the judiciary. The judiciary is not
adequately resourced. As a result of this inadequate funding, the judiciary is
not able function as well as they should. The judiciary could do with some
modern gadgets to speed up work but this is lacking in many courts.
Political
interference
Another problem of the judiciary
is that some judges are influenced by political players and other power players
within the state structure. The judiciary is therefore not able to properly
function as they should ordinarily do. A politician could take a telephone and intervene
in a case before a magistrate or a judge.
SAMPLE QUESTIONS
1. a. Define the term
judiciary.
b. Which
five problems are faced by the judiciary in your country?
2. Highlight six problems
faced by the judiciary.
