Allowing judges to challenge board against legal provision

What you need to know:

  • The most significant aspect of this week’s ruling is the finding that the High Court can entertain grievances by judges who have been removed by the vetting board, and who feel that their removal was unjustified.
  • Because of this finding, the High Court ordered the suspension of the decision of the vetting board removing the judges in question, until these have been given a chance to challenge their removal before the High Court.
  • The main problem with the High Court decision is that it goes against a provision in the new constitution which protects the procedures and decisions of the vetting board from review by the courts.

The decision of the High Court allowing five judges to challenge their own removal from office by the Vetting of Judges and Magistrates Board demonstrates the delicate state of judicial reforms in the country.

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