Judicial Service Commission Research Articles

Factors Affecting the Adoption of E-HRM Practices in Public Service Organizations in Tanzania: A Case Study of the Tanzania Judicial Service Commission Headquarters

The scanty understanding on the factors affecting the adoption of e-HRM practices among public service organizations in Tanzania posed a rationale of undertaking this study. The study took place at the Judicial Service Commission of Tanzania. This study sought to address three specific objectives; to assess HRM practices which are under e-HRM, factors influencing the adoption of e-HRM practices and challenges facing the adoption of e-HRM practices in the study area. This study was guided by innovation adoption theory. The study used descriptive case-study research design with a mix of qualitative and quantitative research approaches. Simple random sampling was used to sample 77 respondents out of 96 employees who constitute the target population from the study area. Data collection was done through interview and questionnaire methods where contents analysis and descriptive statistics analysis were used in data analysis. The study findings revealed seven HRM practices in the study area are under e-HRM namely planning, recruitment and selection, training and development, performance appraisal, compensation, health related, safety and labour relations practices. The study findings further revealed social, economic and institutional factors as the major factors influencing the adoption of e-HRM practices in the study area. This study concluded inadequate ICT skills among employees, competent ICT experts, financial resources, e-HRM practices awareness, capacity building programs, supportive laws and policies as the major challenges facing the adoption of e-HRM practices. The study further concludes the e-HRM having strong contribution to the entire organizational performance. In the view of the revealed study findings, the study hereby recommends to the public service organizations to conduct routine capacity building programs for creating awareness and strengthening the adoption of e-HRM practices in the organizational undertakings.

Judicial Independence in Somalia

This study is to present a comprehensive understanding of the state of judicial independence in Somalia. It specifically focuses on examining the constitutional provisions and legal framework that govern the independence and immunity of judges in Somalia. Additionally, it aims to evaluate international standards of judicial independence, analyze the composition and functions of the Judicial Service Commission (JSC) in terms of the appointment, promotion, and removal procedures of judicial officers in Somalia. Furthermore, the study aims to identify the challenges encountered by the judiciary and propose policy and legal reforms based on the research findings, with the ultimate goal of enhancing the independence of the judiciary in Somalia. In this study, using qualitative research, the researchers analysed constitutional provisions, legal frameworks, and a range of published and unpublished materials such as books, journal articles, research papers, reports, internet sources, newspapers, legal systems, and the constitutions of Somalia. The study concludes that while Somalia has made efforts to ensure the independence of its judiciary, there are still significant challenges that need to be addressed, particularly in relation to the appointment, promotion, and removal of judicial officers. To strengthen the judiciary and safeguard its independence and integrity, it is recommended to establish a Judicial Service Commission. This commission would oversee the appointment, promotion, and removal procedures, ensuring they are based on merit and transparency. Additionally, the study suggests that legislative solutions should be considered to review and provide clarity in the legal framework. This would help define the roles, responsibilities, and powers of the judiciary more precisely, contributing to a more robust and independent judiciary in Somalia.

The Judiciary and Presidential Democracy in Nigeria: A Synthetic Analysis

The study analyzed the roles of the judiciary in Nigeria’s presidential democracy using secondary source of data. The secondary source of data includes textbooks, magazines, Newspapers, Journals and other documentary materials relevant to the study. The judiciary as the third arm of Nigeria’s government is appointed by the Executive on the advice of the Federal and State Judicial service commission, subject to the approval of the Legislature. The role of the judiciary includes interpretation of the constitution/laws, adjudicating of cases in courts, advises the Executive and Legislature on some sensitive matters and defends the rights/liberties of the citizens. In Nigeria’s presidential democracy, the Executive arm of government implements laws. The problem of this study is delay in resolution of cases in courts. There are cases in courts that have been pending for many years. Failure of the Executive arm of government to obey court orders in some cases is also a problem. The study recommended that government should establish more courts and employ more judicial officials and the three arms of Nigeria’s government should adhere strictly to the rule of law. Strict adherence to the rule of law by the rulers and the ruled promote democracy.

The Court’s Jurisdiction under the Somali Judiciary System

The Provisional Constitution of the Federal Republic of Somalia establishes the legal framework for the Somalian judicial system. It specifies that the national court system will be divided into three levels: the Constitutional Court, Federal Government level courts, and Federal Member State level courts. Any federal-level member of the court may be appointed by the future nine-member Judicial Service Commission. The Law on the Organization of the Judiciary (Judiciary Act) establishes a more precise framework for the selection and removal of judges and prosecutors, as well as the duties of the AGO, courts, and the creation of the Attorney General's Office. Clarification of court levels and jurisdiction is provided in this article.

Telecommuting in the covid-19 period in Nigeria: Implications on public service delivery in Ogun State judicial service commission

Since the beginning of the Covid-19 pandemic, the need for telecommuting has enhanced the opportunities available to workers to perform their duties right from different locations outside their offices. Hence, the main objective of this study is to determine the extent to which telecommuting has enhanced public service delivery in Nigeria in the Covid-19 and Post Covid 19 era with specific reference to Judicial Service Commission in Ogun State. The article is anchored on both Technological, Organizational and Environmental (TOE) and Digital Era Governance Theory. The study adopted a descriptive-survey research design. A mixed method approach which comprises both qualitative and quantitative techniques was used. Data were sourced from Ogun State Judicial Service Commission through a structured questionnaire and interview while descriptive statistics such as frequency and tables were used in presenting the data, relevant hypotheses were tested using Chi-Square nonparametric technique of hypothesis testing. Qualitative data were content analysed. Secondary data were sourced from journals, articles, internet materials and among others. The finding of the study reveals that telecommuting enhanced public service delivery at the Judicial Service Commission since the outbreak of Covid-19 Pandemic and in the Post-Covid 19 era. Telecommuting contributed significantly in reducing the spread of Covid-19 virus in the Ogun State public service and the Judicial Service Commission in particular. The study also reveals that telecommuting system does not enhance the efficiency of workers in the public service with reference to Ogun State Judicial Service Commission. On the basis of the findings of the study, it concludes that telecommuting has been found to be an effective strategy that Government at all levels in Nigeria can employ in public service to prevent a disruption in socio economic activities whenever there is an outbreak of epidemic like Covid 19 pandemic in the country. The study recommends that there should be deliberate policy by the government at all levels to encourage Ministries, Departments and Agencies (MDAs) to be technological compliant and to promote the use of telecommuting so as to engender efficient public service delivery.

Economic and Financial Crimes Commission and Anti-Corruption Crusade in Nigeria, (2015-2020)

Corruption has proven to be intractable in Nigeria, with resultant consequences on the political, economic and socio-cultural development of the nation. Though past military regimes, before the return to democratic government in 1999, initiated series of anti-corruption crusades at various times, corruption in high and low places continued to be on an alarming increase. With the return to democratic governance, President Olusegun Obasanjo saw to the establishment of the Economic and Financial Crimes Commission (EFCC) in 2002, which amongst others is vested with the responsibilities of prevention, investigation and prosecution of individuals, groups and institutions found culpable or corrupt, and unearth frauds and recover public loots in the country. After over a decade of the commission’s existence in the country, corruption remain a pandemic, which informed President Muhammadu Buhari’s second major promise during his campaign in 2015, to fight and completely eradicate corruption. Between 2015 and 2020, a lot a successes and failures have punctuated the activities of the commission and this is the thrust of this study. The Institutional Approach was used as the theoretical framework for the study and we relied on materials collected from secondary sources. Among other recommendations of the study, the Federal Government of Nigeria should speedily take steps to establish special courts to deal specifically with corruption cases while the Judicial Service Commission and the Nigeria Bar Association should be strengthened to deal firmly with alleged cases of corruption or misconduct involving Judges and lawyers respectively.

“Fit and proper” judges and free speech: A critical reflection

Against the backdrop of the silence by apartheid-era judges who refused to speak out against the inhumanity of apartheid, resulting in egregious human rights violations, this article explores what it means to be a “fit and proper” judge as envisaged by section 174(1) of the Constitution of the Republic of South Africa, 1996 read with the Judicial Service Commission Act 9 of 1994 and the Code of Judicial Conduct GN R 865 in GG 35802 of 18-10-2012 (“the Code”). The argument is that, in this context, the meaning of “fit and proper” has far greater depth and breadth than the same normative standard contemplated by the Legal Practice Act 28 of 2014 for lawyers as officers of the court. A “fit and proper” judge is a person with more than just absolute integrity, impeccable honesty, a high degree of professionalism, and unflinching incorruptibility. A judge is also a person who, at all times, scrupulously obeys the Constitution and its dictates, strictly respects the law and abides by the rule of law, always advances human rights and constitutional values, and faithfully discharges all duties embraced by the oath of judicial office and does so with courage. This article argues that South Africa can only take its rightful place in the family of nations if its judges, through their extra-judicial words and deeds, help shape South African society, and others where needed. The Constitution and the oath of judicial office oblige judges to, inter alia, denounce apartheid in any of its current-day incarnations, and advocate for legal orders moulded by democratic values, human rights, freedom, equality, rule of law, and justice for all. A culture of judicial silence in the face of injustice and human rights violations, whether perpetrated on foreign or domestic soil, is an abdication of judicial responsibility and antithetical to the ethos underpinning the transformative notion of a “fit and proper” judge under the Constitution. This article reminds judges that while duties arising from the Constitution and their oath of office rank supreme over any in the Code, they are to be delicately balanced. Extra-curial speech must respect the separation of powers and not undermine the judiciary’s standing, integrity and independence.

Identify children's rights in the juvenile justice system

The study's objective was to identify children's rights in Juvenile Justice System. The research has been done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research method where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. In conclusion, the study has discovered that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The judicial Service Commission should develop clear guidelines for the courts on how children in conflict with the Law should be handled. There should also be specially trained Legal officers responsible for hearing and determining children's cases. Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practising licenses.

Effect of Occupational Stress on Employee Performance of the Judicial Service Commission Employees in Kenya

Employee performance is the key to success of an organization. Every individual employee must work toward the company’s vision and mission. The performance of employees is influenced by how businesses manage, up skill, and motivates their employees. This study sought to investigate the effects of occupational stress on employee performance of Judicial Service Commission employees in Kenya. Specifically, the study sought to; establish the effects of workload stress on employee performance of Judicial Service Commission in Kenya, to determine effects of role ambiguity stress on employee performance of Judicial Service Commission in Kenya, to establish the effects of working conditions stress on employee performance of Judicial Service Commission in Kenya and to determine effects of work relationships stress on employee performance of Judicial Service Commission in Kenya. In this study, a descriptive research design method was used. The target population comprised of 5,157 employees in the Kenyan Judiciary comprising of 635 magistrates and kadhis and 4,522 staff. The study sample size comprised of 362 employees. The study relied on both primary and secondary data. Questionnaires were used to collect primary data. The data was also entered using Statistical Package for Social Science (SPSS). Data that was obtained from the research instruments was summarized using Descriptive Statistics. To test hypothesis HA1 to HA4, Pearson’s Correlation Analysis was used. The study results were presented through use of tables and figures. The study concludes that workload stress has a significant effect on employee performance of Judicial Service Commission in Kenya. In addition, the study concludes that role ambiguity stress has a significant effect on employee performance of Judicial Service Commission in Kenya. Further, the study concludes that working condition stress has a significant effect on employee performance of Judicial Service Commission in Kenya. The study also concludes that work relationship stress has a significant effect on employee performance of Judicial Service Commission in Kenya. From the results, the study recommends that the management of judicial service commission should ensure effective strategies to manage workload stress are formulated and implemented to enhance employee performance. Keywords: Occupational Stress, Employee Performance

The Four Governance Issues for Effective Judicial Service Commission and Judiciary

The Four Governance Issues for Effective Judicial Service Commission and Judiciary

Judical Appointments in South Africa

Abstract South Africa is widely regarded as a model of a constitutional democracy on the African continent. This is partly because of the progressive Constitution adopted in 1996 and the fact that the country has consistently managed to conduct democratic, free and fair elections since the end of apartheid in the early 1990s. The sustainability of South Africa's constitutional democracy rests on the ability of the judiciary to ensure compliance with the constitution. The competence and credibility of the judiciary hinge on the appointment of judges who are able to reflect the diversity of the country, act without fear or favor, and develop a jurisprudence which creates and deepens constitutionalism. Judicial independence is a key component of the credibility of the judiciary. The inconsistent application of norms and standards when selecting and appointing judges tends to undermine the credibility of the appointments process. The process of judicial selection and appointment in South Africa begins with the Judicial Service Commission (JSC) advertising the existing judicial vacancies. After that, the JSC shortlists candidates who are then interviewed. Following these interviews, the JSC shortlists candidates for possible appointment by the President. A review of the transcripts of interviews conducted by the JSC from April 2014 to October 2019 shows patterns of discrepancies in the types of questions which candidates vying for the same judicial position are required to answer. This Article explains the process followed by the JSC, and then identifies and analyzes the discrepancies in the process employed by the JSC. The Article then demonstrates the negative impact which the discrepancies have had on both the quality of the judicial selection process and the quality of candidates shortlisted for appointment. Furthermore, this Article makes recommendations on how South Africa can draw from international norms and standards as well as good practices from comparative jurisdictions, to enhance consistency and fairness in its judicial selection and appointments processes.

Legitimate Confines of Powers of the National Judicial Council in Appointment of Substantive Chief Judges for States in Nigeria: Gombe State as a Case Study

Since Nigeria`s return to democratic rule in 1999, there has been persistent face-off between the National Judicial Council (NJC) and State Governors in Nigeria over appointment of substantive Chief Judges (CJ’s) for States in Nigeria. While the NJC appears to prefer that the most senior judge in each State State be appointed the substantive CJ on each occasion, the State Governors insist that their appointing powers under the Constitution are discretionary. This standoff which on each occasion polarizes stakeholders, usually leads to tension within and outside the legal profession. In 2014, a face-off between the NJC and the Rivers State Governor in this respect almost led to a constitutional breakdown in the State. Then there was the case of Cross River State in 2020-2021, among others, the most recent being in Gombe State where the NJC in November 2020 rejected the list of names sent to it by the Gombe State Judicial Service Commission on grounds that the list did not contain the name of the most senior judge in the State. This paper is the second part of a two-winged analysis of all issues surrounding this seemingly unending conflict, the aim of the authors being to expose the actual position of law on the subject and to recommend solutions founded on rule of law, realism and democratic constitutionalism. first part titled, The Convention-Constitution Standoff: Resolving the Most-Senior-Judge Conundrum in Appointment of Substantive Chief Judges for States in Nigeria, is devoted to a discussion of the best way out of this intractable conflict between Conventionalism and the Constitutionalism while the present part focuses on delineating the exact scope and boundaries of lawful powers of the JC in the entire process. Acknowledging NJC’s powers to reject a list on deserving occasions, and taking Gombe State as a case study, this paper examines some salient questions: is the NJC under an obligation to offer reasons for rejecting such a list? Can the validity of NJC`s rejection of any such list be impaired by the legality or otherwise of the reasons so offered? paper thus offers clarifications and recommendations with a view to encouraging all stakeholders to keep within the legitimate confines of their respective powers in order to avoid or minimize tensions, interruptions and distractions.

The Appointment of Judges: Reflections on the Performance of the South African Judicial Service Commission

South Africa’s Constitution provides multitudinous examples of clear breaks from past governance structures and practices. Regarding the judiciary, one of many significant changes has been in how judges are appointed. Prior to the onset of constitutional democracy, judges were appointed by the executive, with consultation with the senior judiciary but little or no scope for broader input from any other stakeholders. The Constitution established the Judicial Service Commission (JSC), one of the major functions of which is to recommend the appointment of judges. The JSC was intended to mark a decisive break with the previous appointment system, by creating a broad-based structure that includes politicians, lawyers and judges. The JSC interviews prospective candidates for judicial office in public and provides the opportunity for other stakeholders to engage in the process. This article assesses the performance of the JSC over the first 25 years of South Africa’s constitutional democracy. Several shortcomings will be discussed, including the failure of the commission to develop and apply clear and consistent criteria, challenges with implementing demographic transformation of the judiciary, managing the role of politicians and politics in the judicial appointment process, and an apparent aversion to appointing independently-minded judges, informed at least in part by a restrictive understanding of the principle of the separation of powers.

The Effect of Employee Welfare on Employee Commitment at Judicial Service of Kenya

Employee’s commitment is a major problem facing many organizations worldwide. Many organizations are therefore employing various human resource management practices as measure to improve the level of employee commitment. In Kenya the level of employee commitment in constitutional offices have been on declining trend. At Judicial Service Commission, discontent has been expressed in the area of remuneration characterized by discrimination in rewards; inadequate pay vis-a-vis the work load. The objective of this study was thus to evaluate the effect of employee welfare on employee commitment at Judicial Service Commission. A descriptive research design was adopted for this study. The population of interest was the 412 employees of Judicial Service Commission across various functions and divisions. Using a stratified random sampling technique, a sample size of 213 respondents was picked. A questionnaire was used to collect data for the study while descriptive statistics and inferential statistics were used to analyze collected data. The study findings indicated that 98 % of the variation on employee commitment at judicial service commission in Kenya is determined by employee welfare. The study concluded that employee welfare in an organization is an important factor in the determination of employee commitment. The study recommended that Judicial Service Commission should design and implement an effective welfare policy for their employee. Key Words: Employee Welfare, Employee Commitment, Judicial Service Commission DOI: 10.7176/EJBM/12-30-10 Publication date: October 31 st 2020

MOKONE V ATTORNEY-GENERAL AND OTHERS (2018): MANIFESTATION OF EXECUTIVE-MINDED JUDICIARY IN BOTSWANA

This is a theoretical paper that seeks to shine the light on the concept of executive-minded judiciary in Botswana. In order to delve deeper into the meaning of the word, the paper traces its origin by reference to other jurisdictions. The paper argues that executive-mindedness is inimical to independence of the judiciary. It is argued that independence of the judiciary stands at the heart of a democracy like Botswana. Judges must not only demonstrate independence but also that they are accountable to the public. The paper does not claim that the judiciary in Botswana is not independent or irresponsible. To the contrary, Botswana is respected globally for its commitment to the rule of law and independence of the judiciary, which is constitutionally entrenched. Rather, the argument is that Botswana must not only retain its record but must step up efforts to improve this and be vigilant at all times to retain integrity of the judiciary. A country like South Korea, with a fiercely independent judiciary, especially its Constitutional Court, is a model to benchmark on. To further enhance integrity in the Botswana judiciary, as the Law Society of Botswana and other parties have requested, action is needed to remove the secrecy that clouds the appointment of judges at both the High court and the Court of Appeal. Transparency is needed in the recruitment and appointment of judges. Public hearings and or publications of portions of deliberations of the Judicial Service Commission would help achieve this openness. As the Court of Appeal has washed its hands on this matter, it is the executive branch that must move for the amendment of the constitution to achieve this. Alternatively a private member’s bill should be tabled. That will put Botswana’s democracy on a higher pedestal. The paper uses the case Mokone v Attorney-General and others (2018) to illustrate the manifestation of executive-mindedness. It argues that remarks uttered in the obiter by Justice Brand not only showed a leaning towards the executive but also have a potential chilling effect on press freedom. The press in this matter had not behaved responsibly, it is admitted, but the judge went overboard as well.

The implications of the decision in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the South African Judicial Service Commission

ABSTRACT The article examines the implications of the judgment of the Constitutional Court in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the Judicial Service Commission (JSC). The judgment has brought to the fore a new lease of life relating to the JSC's post-interview deliberations as a disclosable record in terms of Rule 53(1)(b) of the Uniform Rules of Court. The disclosure seeks to provide an insight into the decision-making process of the JSC in the appointment of judicial officers in South Africa. It is argued that the judgment is two-pronged: first, the disclosure of the post-interview record enhances the culture of justification for decisions taken, which advances the foundational values of the new democratic dispensation; secondly, it creates uncertainty about the future management and protection of the JSC processes in the undertaking of robust debates on the post-interview deliberations. It then questions whether the JSC members will be privileged in their engagement with the suitability of the candidates to be recommended for appointment by the President. The question is raised against the uncertainty about which decision of the JSC will be challenged that will need the disclosure of the record because the judgment does not entail the national disclosure of the record in respect of each candidate but applies only when there is an application for review of the JSC decision. Key words: Judicial Service Commission, appointments, discretion, judiciary, independence, rule of law, discretion, accountability, transparency, human rights.

CRITICAL RACE THEORY AND FEMINIST LEGAL THEORY: PERSPECTIVES ON TRANSFORMATION OF THE JUDICIARY

Referring to judicial appointments, Plasket J commented in 2013 that he could see ‘no basis on which [the Judicial Service Commission] could refuse to appoint a suitably qualified person’ in the presence of qualified white candidates.1 He was not alone in this view. Others have suggested that the Judicial Service Commission (JSC) is biased in favour of black and female candidates to the detriment of their white male counterparts.2 In this article, I will not endeavour to determine whether this bias in fact exists. The aim of this article is to explore Feminist Legal Theory (FLT) and Critical Race Theory (CRT) perspectives on transformation and the right to equality, with particular attention paid to transformation of the judiciary. This article consists of six parts. In the first section, the historical context of the JSC’s establishment, as well as the standard against which its decisions are measured, is explored. Secondly, the right to equality viewed through the lens of transformative constitutionalism is assessed. The third and fourth segments of this article focus on FLT and CRT respectively. Fifthly, I analyse the commentary from CRT and FLT scholars on human rights and transformative constitutionalism. Finally, I attempt to justify the act of abstention from making appointments in relation to FLT and CRT’s notion of refusal.

The Rise of the Judicial Age of Secrecy: Assessing the Judicial Service Commission's Interview for the Court of Appeal Judges

This paper is a critique of the attempt of the Judicial service commission of Kenya to exclude the media from the court of appeal judges interview. It argues that this attempt would amount to the carrying out of the interviews in secrecy. Such a measure is a violation of the values of the constitution. Secondly, such an act would affect the public confidence in the judiciary.

The Judicial Service Commission and the appointment of Women: more to it than meets the eye

ABSTRACT The Judicial Service Commission (JSC) in South Africa was established in response to a pre-democratic era appointment system rich in patronage, opaqueness, and invariably, inequality. The use of judicial appointment bodies has been recommended by the Commonwealth Latimer House Principles, as a method of preserving judicial independence. However, not much research has been conducted into whether there is an absence of patronage and power dynamics when judicial appointment bodies replace executive type of appointments. This paper suggests that the introduction of appointment bodies does not eradicate privilege and power dynamics as some might believe. Rather, it creates a different type of dynamic that can be harmful for women.

The Constitutional Role of Judicial Service Commission in Protecting Independence of the Judiciary

The judiciary is constitutionally vested with power to dispense justice to the citizens without fear, favor, ill-will or affection. This sacred function can only be effectively discharge if the judiciary exercises independence without any iota of interference from any person, body or organ. If that is the case it calls for the judiciary to defend its independence whenever interference is done or is likely to be done to it. This role, at any rate, is not intended to be discharged by individual judges. The appropriate organ to discharge this function is the Judicial Service Commission (JSC) which is mandated to ensure self-regulation of the judiciary. Judiciary is therefore expected to be at the frontline to always defend and promote the independence of the judiciary. This article, therefore, seeks to unveil whether or not the JSC of Tanzania is capable of protecting independence of our judiciary to enable the judges to perform their duty without reprisals or intimidations from any quarter. The author is of the view that a lot has to be done in terms of structure and mandates to realize rebirth of vibrant and independent JSC.