The Constitution Review Committee has recommended the removal of Regional Tribunals from the Constitution, noting that the High Court has been handling their caseload.
The Committee argued that resources intended to revive the largely inactive tribunals could be better used to strengthen the High Court, as well as the Circuit and District Courts, which it proposes to integrate into the regular judiciary.
The Committee further suggested expanding the jurisdiction of the Circuit Courts to handle cases that would have ordinarily fallen under the Regional Tribunals.
“The Committee recommends that the Regional Tribunals be disestablished from the Constitution. The Committee notes that the High Court has been handling the caseload of the Regional Tribunals.
“The resources to be committed to resuscitating the moribund Regional Tribunals could be channelled to resource the High Court, as well as the Circuit and District Courts that the Committee now proposes to make part of the regular judiciary.
“Moreover, the jurisdiction of the Circuits could be expanded to take on some of the cases that the Regional Tribunals would ordinarily hear,” the Committee, in its report, proposed.
On the qualifications of judges for the Other Courts, the Committee recommended that Circuit Court judges should have at least five years of post-qualification legal experience without any disciplinary sanctions, while District Court judges should have a minimum of three years of such experience, also without sanctions.
“The Committee recommends that a person be qualified to be a Circuit Court Judge if the person possesses a minimum of five years of demonstrable post-qualification experience as a lawyer and has no disciplinary sanctions.
“For the District Court, the Committee recommends that a Judge of the District Court should have a minimum of three years of demonstrable post-qualification experience as a lawyer, without any disciplinary sanctions,” the report recommended.
The Committee outlined a detailed appointment process for judges of the Other Courts.
“When a vacancy arises, the Judicial Council will issue a public notice inviting qualified lawyers to apply.
Applications will undergo initial screening, after which shortlisted candidates will face examinations and interviews conducted by the Public Services Commission. The Commission will submit a list of qualified candidates to the Judicial Council, which will then recommend appointments to the President.”