Judicial Service Commission refutes claims of mishandling complaints

The Judicial Service Commission (JSC) has dismissed allegations made by the Commission on Administrative Justice (CAJ) questioning its transparency in addressing complaints and petitions against judges, judicial officers, and staff.

In a statement on Tuesday, the JSC criticised the CAJ for sharing its concerns, initially outlined in a letter dated December 23, 2024, on social media, terming the move as detrimental to collaborative efforts between constitutional institutions.

“The JSC deeply values the constitutional mandate of the CAJ to address maladministration in the public sector and welcomes constructive engagement on matters of shared interest. However, the JSC wishes to respectfully clarify certain misrepresentations contained in the said letter,” reads the statement.

The CAJ had issued a 21-day ultimatum to the JSC, demanding the publication of all complaints filed against judges, along with their outcomes, on the JSC’s public website and other platforms.

In the notice dated December 24, 2024, the CAJ also directed the Judiciary to submit a compliance report, including an analysis of the reported issues and their resolutions.

However, the JSC has now defended its transparency record, pointing out that it publishes detailed information on complaints and petitions in its annual reports, as required under Article 254 of the Constitution.

These reports, the JSC said, alongside the State of the Judiciary and Administration of Justice reports, are accessible on the Judiciary’s website.

The Commission also highlighted its recent public engagement on Spice FM’s “Justice Thursday,” where it discussed publicly available data.

Additionally, the JSC noted its collaboration with CAJ under the Constitutional Commissions and Independent Offices (CCIO) forum and their joint efforts in drafting the Judicial Service (Processing of Petitions and Complaints Procedures) Regulations, which are currently undergoing public participation. It added that the draft regulations are available online for review.

Expressing concern over CAJ’s ultimatum, the JSC emphasised the importance of mutual respect and collaboration in addressing constitutional mandates.

“The JSC believes that mutual respect and collaboration are critical to addressing the important issues that all Constitutional Commissions are mandated to tackle. It is therefore deeply concerned that the CAJ chose to issue an ultimatum through social media,” the Commission said.

Reaffirming its independence, the JSC cited Article 249(1) and (2) of the Constitution, which guarantees its autonomy from external control.

“This independence is essential for the effective and impartial fulfilment of the Commission’s mandate,” the Commission said.

The JSC reiterated its commitment to transparency, accountability, and the rule of law, urging stakeholders to engage in good faith and respect constitutional processes. It also stressed the need for unity in tackling corruption and restoring public confidence in the Judiciary.

“The fight against corruption and the quest to restore public confidence in the Judiciary demand unity, not divisiveness,” the JSC said.