workings.
All its functions are governed by independence which must
therefore be fully taken into account in a discussion about the
structure of the judiciary and the distribution of functions.
15.
Plainly, a judge performing judicial work must not be under
or susceptible to pressure by the Executive, the Legislature or anyone
else. The more this principle is seen to apply the more the reality of
independence comes home. For that reason it is particularly important
to be meticulcus in classification and definition. If independence is
to be fully understood it must be seen to apply to every judicial
officer. I therefore recommend that in official lists of public
servants all judicial officers from Chief Justice to Special Magistrate
should be segregated from all other public servants and classified as
one homogeneous group.
For this purpose the varying terms and
conditions of appointment make no difference. A judge is a judge
whatever the period of his appointment.
16.
For the same reason I recommend that the pay and other terms
2nd conditions of service of judicial officers be looked at quite
separately from those of other public servants. The community should
be left in no doubt about this and should be made aware that a special
status of independence is accorded to all whose work is judicial
whether in the Supreme Court, the District Court, Tribunals,
Magistracies or the Coroner's Court.
17.
to
This attitude will enhance the Judiciary's corporate sense
and develop its tradition.
These are important
judicial
administration and thence to efficiency. The capacity to attract able
recruits from the legal profession is of such importance that it should
not be hampered by the preservation of relativity with pay scales in
the civil service. It would be salutary to demonstrate that all
judicial officers are in a special and distinct class which is looked
at in isolation for the purposes of pay as well as function.
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