Theorising about Judgeship
Friday, January 17, 2020
In the news: The High Court has been engaged in the election petitions recently
I have always recognised the synergy and symbiotic relationship between scholarship and judicial craft. The wheels of justice require scholarship to remain oiled at all times and fit for purpose. I also firmly believe that civic education pertaining to the work judges do; on the independence of the judiciary and the rule of law is important in ensuring that law is rescued from the monopolistic clutches of lawyers and elites, and is capable of being understood or owned by the people, whom it is intended to serve.
I was reminded of this imperative around the just ended festive season, when I was at home, and had the pleasure to listen to members of the public, at various public meeting places, critique lawyers submissions in court and the conclusions the judges reached with respect to various matters serving before them. Given that all these involved elections and election petitions, the debates were unsurprisingly quite animated. The judges and the lawyers were not spared. It would seem that on matters of national importance, the great current that often hit the general body politics does not spare judges either.
The rise in defilement and missing persons cases, particularly over the recent festive period, points not merely to a failure of policing, but to a profound and widespread societal crisis. Whilst the Police chief’s plea is rightly directed at parents, the root of this emergency runs deeper, demanding a collective response from every corner of our community. Marathe’s observations paint a picture of neglect with children left alone for...