The Hon. Faiszer Musthapha, PC

¶ 01 Hon. Presiding Member, as a Parliamentarian and a practising lawyer and President’s Counsel, I wish to raise critical issues demanding urgent reform.

¶ 02 First, promotions of career judges to the Court of Appeal and Supreme Court. While seniority is customary, senior judges are sometimes overlooked without reasons. Public officers in general have due process protections; judicial officers effectively do not. If their legitimate expectations are denied, reasons should be given and any punitive denial of seniority should follow a proper hearing. At present, judges are left in the dark. We need a transparent, fair, and accountable promotions system.

¶ 03 Second, judges must be protected from unwarranted attacks in Parliament. Privilege has been used to attack individuals, including judges, who cannot respond. Using Privilege to attack is cowardly. Standing Orders should require that concerns about judges be first examined through a structured process. There are mechanisms—the Judicial Service Commission for lower judiciary and impeachment for apex court judges. The House should not tolerate attacks circumventing due process.

¶ 04 Third, when the Supreme Court or Court of Appeal refuse leave or notice, reasons are not recorded. This creates a perception that the lower court’s order is endorsed. Lawyers cannot properly advise clients. Legislation should mandate reasons when refusing leave or notice.

¶ 05 Fourth, the Supreme Court is overburdened—due to exclusive fundamental rights jurisdiction, direct civil appeals from Provincial High Courts, direct appeals from the Commercial High Court, and writ jurisdiction in respect of Commissions and the Monetary Board. The Court is sometimes reduced to adjudicating service disputes akin to a labour tribunal, preventing focus on matters of significant public importance. Consider allocating fundamental rights jurisdiction to the Court of Appeal to allow a second appeal and strengthen the process. Also, bypassing the Court of Appeal diminishes its jurisprudence. Reportability and consistency would improve if appellate flow is restored.

¶ 06 Fifth, create subject-matter benches in the Supreme Court—civil, criminal, and public law—so judges with expertise hear relevant matters. Today, judges with limited exposure in a field sometimes hear complex cases in that area. The apex court should not be a place for trial-and-error learning. Specialized benches would ensure informed and consistent precedents.

¶ 07 On remand prisoners, the 2024 amendment allowing remand time to count towards sentence is welcome. For those before May 2024, I saw a Cabinet Paper to invoke Article 34 via an Advisory Panel—please expedite, as many prisoners in their 70s languish inside. Also, activate community service provisions in lieu of imprisonment to ease congestion.

¶ 08 Over 30 percent of the Budget allocation under this Head goes to prisons and prison reforms. Consider relocating prisons like the Magazine Prison out of urban areas and improving facilities—many lack water and sanitation; some prisoners keep bottles in cells at night.

¶ 09 I respectfully urge you to consider these suggestions for strengthening the justice system, ensure continuous legal education, and equip prisoners with skills for true reform. Thank you.