SC bill undermines judiciary, Bar Council says
Following the decision, the Judicial Service Commission (JSC) took swift action by suspending three judges of the Supreme Court.
The Bar Council on Wednesday strongly opposed an amendment to the Courts Act, stating that it is an amendment that directly affects the judiciary.
The amendment, passed by the parliament on Wednesday to reduce the number of Supreme Court bench from seven to five, mandates the removal of two judges within a maximum of 12 days. The bill was approved with 68 votes in parliament.
Following the decision, the Judicial Service Commission (JSC) took action by suspending three judges of the Supreme Court.
In response, the Bar Council issued a statement Wednesday, calling the amendment unconstitutional and asserting that it undermines judicial independence.
The Bar Council highlighted several critical issues regarding the amendment:
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The bill contradicts fundamental principles of the Constitution.
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The amendment lacks a clear justification or stated purpose.
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It imposes an expedited timeline for the removal of judges, which may compromise due process.
The Bar Council has urged President Mohamed Muizzu to send the bill back to parliament for further review and amendment. Additionally, the council has advised appointed members of the JSC, who are lawyers, not to engage in any actions that violate the Legal Profession Act.
Legal experts fear that the amendment could set a dangerous precedent, allowing political interference in the judiciary. By reducing the number of Supreme Court judges and hastening the removal process, the changes may weaken the separation of powers and undermine public confidence in the judiciary.
