Monday, February 11, 2008

Turmoil amongst magistrates

Too much detail for most of you, but some may be interested in the latest instalment in the ongoing tripartite tug-of-war between the judiciary, the executive and the legislature.

On Friday President Kabila announced out of the blue, seemingly without consulting anyone (except presumably the Minister of Justice), the immediate retirement of 92 magistrates (who were either over 65 or had been magistrates for 35+ years), thus making space for the promotion of 26 others. This includes the country’s top magistrate (First President of the Supreme Court of Justice) and top public prosecutor (Attorney General). It is seen by some as an unapologetic political manoeuvre by the President to promote his sympathisers within the judiciary ahead of major reforms due to be voted at the next Parliamentary sitting, thus positioning them for top posts in the new institutional set-up.

Understandably, the announcement has caused a lot of discontent and unrest amongst the magistrates, including those who were promoted (but are embarrassed about how it happened, saying it undermines their authority). After thirty-five years of service, some of the country’s most senior, highly respected magistrates discovered while watching television that they were effectively out of a job, with a pension of $300 per month to live on. Although the Presidency says it is a logical step given the advanced age of these magistrates, the way in which the decision was announced made it look to everyone like they were being sanctioned. Not to mention that there isn’t anyone to replace them, since there hasn’t been a recruitment exercise in over ten years.

At best, this is an example of terrible human resource management; at worst, it is a clear, conscious manipulation by the Presidency of a temporary institutional vaccuum in order to effectively breach the Constitution.

Perhaps this explains why the same magistrates were rushing home in a panic last week claiming that there had been a coup!

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