A judicial crisis :: Mmegi Online

Court of Appeal Judge President Ian Kirby has said it time and time again that Judges should not be too quick to rely on foreign judgments. I have never liked this position but today I understand at least one of his reasons for doing saying so.

Justice Abednego Tafa has handed down judgement in the case in which there was a challenge against the power of parliament to abdicate its authority to the Executive on the number of Judges to be appointed to the CoA as well as the power of the Executive to Appoint CoA judges on more than one 3 year fixed term contract. I have several issues with the Judgment, though not with the result but the biggest problem is with the Order.

Tafa J found Section 4 of the CoA Act was unconstitutional in that the power of Parliament could not be delegated in the manner it was. He struck down the provision.

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A judicial crisis

Court of Appeal Judge President Ian Kirby has said it time and time again that Judges should not be too quick to rely on foreign judgments. I have never liked this position but today I understand at least one of his reasons for doing saying so.

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