Formal re-opening of the Supreme Court |11 January 2018

‘We are a more confident judiciary,’ says CJ Twomey

Measures which the Judiciary introduced over the past two years were aimed at addressing weaknesses in its structure and processes to better deal with corrupt or inefficient practices, Chief Justice Mathilda Twomey has said.

She has commended the work done which she says has borne fruit although faced with strong criticism for its uncompromising and disciplined approach.

“We are a more confident judiciary, better able to deliver on our promises,” CJ Twomey says.

She has pointed out that the Judiciary will this year redouble its effort to address complaints from members of the public whom she says are often victims of the weaknesses in judicial processes or a lack of resources and personnel.

CJ Twomey made those remarks in her address at the Palais de Justice to mark the re-opening of the Court yesterday.  

Following the religious ceremony at the St Paul’s Cathedral and procession in the streets of Victoria , the judicial delegation and guests proceeded to the Palais de Justice at Ile Du Port where CJ Twomey inspected a guard of honour before addressing  a large audience and guests who included  the President of the Court of Appeal, the Commissioner of Police, judges of the Court of Appeal, judges of the Supreme Court, magistrates, the ombudsman, chairman of the Constitutional Appointments Authority (CAA), chairman of the Public Service Appeal Board (PSAB), Secretary of State for Cabinet Affairs, religious leaders, deputy Attorney General, Superintendent of Prison, members of the Diplomatic Corps, chief executive of the Anti-Corruption Commission, chief executive of the National Council for Children (NCC), President of the Bar Association and attorneys at law.  

CJ Twomey remarked that at the re-opening of the Court in 2016 she was weighted by her newly assumed responsibilities, and trying to assess how to set the direction for the Judiciary’s efforts.

“Progress has been made towards modernising the judiciary, but we were still gravely concerned about ‘Justice’ in Seychelles. We felt that you, the court users, were being harmed by bad habits which were pervasive within the Judiciary and the Bar. We warned that mediocrity, laziness, avarice and complacency prevented ordinary people from accessing justice in some of our courthouses. I called on judges, magistrates and lawyers to recommit themselves to their oaths, to their commitment to our noble profession and they did. So walls were built upon the foundations laid by my predecessor and we stressed our commitment to completing what had been started,”  CJ Twomey highlighted.

She went on to note that again last year at the re-opening of the Court she called for unity in our diversity.

“We were so aware of the fact that an atmosphere of kankan and harmful gossip can lead to a disintegration of internal coherency, and a habit of general mistrust. We were minded of the words of Sir James Mancham when he urged for a partnership that comes from “the heart and less from political maneuvering, for greater harmony, dialogue and social contacts among the players on the national stage. The work we had begun could not be secured without this unity,” she stressed.

“The foundations and walls of our house would have no roof, no windows and no doors without these components. Anyone could come in, and rob us blind, stealing all we had achieved. I asked for a commitment from all judicial officers, staff and lawyers to work together for the greater good and they did,” CJ Twomey affirmed.

But she noted that still there is an inherent distrust of ‘the system’ by the ordinary man on the Clapham Omnibus, or the anonymous user on Facebook but the Judiciary remains committed to continuing to address these challenges.

She noted that they are aware that much of the inefficiency in the system has been caused by wearing too many hats, performing too many tasks, and lacking the critical mass of skilled people to make the system as efficient as other countries may be able to.

“We live in a small country performing on a big playing field. With a population of 95,000 we cohabitate this world with 7.6 billion other people and we measure ourselves against countries of 10, 100 and 1000 times our population. But that cannot be a reason for complacency. We now have to address further changes necessary to complete the process to modernise and professionalise the Judiciary,” she stressed.

“The work is not yet complete, but we can finally move into the space we have created, knowing that its structures are sound and its inhabitants secure.  This year, in choosing our theme ‘a Judiciary we can trust’ we feel that the time has come for us to invite both our supporters and our cynics to scrutinise our work thus far and reassure themselves that we are indeed a Judiciary fit to perform its role. Our theme this year, therefore, reflects our commitment to integrity, transparency and accountability,” CJ Twomey reflected.

She also presented to the audience the Judiciary Report 2016/2017 which contains some of its many achievements in the past two years, which have been years of considerable change and consolidation.

CJ Twomey talked about the modernisation of the Judiciary processes, both in the registry and the courtroom as evidence of a shifting atmosphere towards streamlined and efficient dispute resolution.

“We are constantly trying to find innovative ways of using technology to improve our efficiency and accuracy in court, and in case administration. The improvements to our data management and the introduction of a central, online court diary has enhanced our ability to track progress and monitor the delivery of decisions.  The introduction of Case Management Practice Directions streamlines and clarifies matters in the run-up to trial, preventing unnecessary delays and trial by ambush. The publication of our law reports and judgments on the Seylii website has opened a window onto the world and has made transparent our decisions. Court proceedings are quickly prepared, centrally stored and well overseen,” she explained.

She noted that the appointment of three dedicated legal researchers to the Judiciary has improved the standard of these decisions and other initiatives have also improved the exchange of ideas between judges.

“Overall we have seen improvements in the morale and performance of our judicial officers and support staff. With improved processes I have noticed a reduction in the number of complaints received on a daily basis, and an increase in the number of complicated cases completed both in the criminal registry and in the civil and commercial registries,” CJ Twomey pointed out.