By: Kemo Kanyi
The Magistrates’ Association of The Gambia has raised itsconcerns about the safety of magistrates and the independence of the judiciary following the withdrawal of orderlies of magistrates below principal magistrate rank.
The Gambia Police Force (GPF) on Monday withdrew the orderlies and according to the Gambia’s police chief Seedy Muktarr Touray, the decision bordered on man-power shortage that the police is currently grappling with.
However, the magistrates’ association believes that the independence of the judiciary risks being compromised if the magistrates lack adequate security.
In a leaked letter addressed to the chief justice and seen by The Voice, the association said the withdrawal of the orderlieswidens the security threat landscape for the affected magistrates, adding that the situation is not conducive for them to hear cases.
The letter, dated 20 January 2025 and captioned: Critical and Urgent Security Concerns Due to Withdrawal of Police Orderlies from Magistrates, stated: “Magistrates’ Association formally bring to your attention a critical and urgent issue regarding the decision made by the Inspector General of Police to withdraw all police orderlies who have been providing security to magistrates. This decision has resulted in increased security risks for magistrates, making it untenable for us to continue presiding over cases under these conditions.’’
“This sudden decision has raised significant concerns among our members as it directly exposes magistrates to potential security risks. Given the nature of the work, which often involves decisions that may not be favourable to all parties, the absence of adequate security measures could compromise not only the safety but also the independence of the judiciary,” added the association. The association contended that the presence of police orderlies has been integral in ensuring a safe and secure environment for carrying out judicial functions, adding that their withdrawal poses a direct threat to the well-being of magistrates and can hinder the swift and impartial administration of justice.
“As you are aware, the role of a magistrate involves making impartial decisions which can occasionally provoke strong reactions. The presence of police orderlies has been crucial in ensuring our safety and maintaining the integrity of the judicial process. Their sudden withdrawal leaves us vulnerable to potential threats and intimidation, which is a risk we cannot afford to take,’’ the letter further stated.
The magistrates’ association said the absence of adequate security measures compromises both personal safety and professional responsibilities, creating an environment where justice cannot be administered effectively or safely and it, therefore, “respectfully request immediate intervention of the Chief Justice and his esteemed office to engage with the relevant authorities to address this matter urgently”.
“It is imperative that measures must be put in place to either reinstate the police orderlies or provide alternative security arrangements that will provide the necessary protection for magistrates as they perform their essential duties. Until such assurances of safety can be made, the continuation of our judicial duties becomes increasingly challenging and we regret to inform you that we cannot sit in court under these conditions. We trust in your commitment to safeguarding the judiciary and its officers and look forward to swift action to resolve this matter,’’ the association’s letter to the Chief Justice read.
A source, who spoke to The Voice under condition of anonymity, said both the Chief Justice and the Attorney General are in solidarity with magistrates’ association as both assured them of their support to address the situation so that proceedings in magistrates’ courts can continue as they were disrupted since Monday following the GPF’s decision to withdraw the orderlies.