Posted by / Tuesday 20 September 2016 / No comments

The problems of the judiciary

The judiciary can be defined as the third arm of government after the executive and the legislature.

Poor salary
One of the problems of the judiciary is poor conditions of service. It has been established that the condition of service of the judiciary in, especially in developing countries is nothing to write home about. The unattractive nature of the judiciary is the reason why many qualified but experienced lawyers have refused calls to the bench and remained in private practice.

It is widely perceived that the judiciary is full of corrupt practices. In a recent expose of the judiciary in Ghana, many judges and court officials were caught on tape taking bribes, scheming to take bribes or having sex in exchange for favourable judgment.

Congestion in the court
Many of the courts are choked with criminal and civil cases. Some of these cases have been pending for so long that some of the players in the case have lost interest in the cases. This is attributed to the snail pace at which the court cases proceed.

Poor infrastructure
Many court buildings are in a bad state, the infrastructure are not suitable for occupation by court officials. In some remote areas, Magistrates are unable to sit when it rains because the roofs leak.

Low funding
Another problem of the judiciary is the poor allocation of the resources to the judiciary. The judiciary is not adequately resourced. As a result of this inadequate funding, the judiciary is not able function as well as they should. The judiciary could do with some modern gadgets to speed up work but this is lacking in many courts.

Political interference
Another problem of the judiciary is that some judges are influenced by political players and other power players within the state structure. The judiciary is therefore not able to properly function as they should ordinarily do. A politician could take a telephone and intervene in a case before a magistrate or a judge.

1. a. Define the term judiciary.
    b. Which five problems are faced by the judiciary in your country?

2. Highlight six problems faced by the judiciary.

Related Posts