Thursday, March 17, 2011

Inadequate funding affecting judiciary - Mwanamwambwa

Inadequate funding affecting judiciary - Mwanamwambwa
By Bright Mukwasa
Thu 17 Mar. 2011, 03:59 CAT

WE are merely wearing a tag of an autonomous judiciary, says Judge Marvin Mwanamwambwa. Judge Mwanamwambwa, who is also Supreme Court judge and chairman of the establishment and conditions of service committee, said the continued inadequate funding of the judiciary was negatively impacting on its functioning.

“At the moment, we are merely wearing a new tag of an autonomous Judiciary. This new tag alone is not enough for the judiciary to run effectively,” Judge Mwanamwambwa said during a presentation to the commission on review of salaries and conditions in the public service.

Judge Mwanamwambwa said the government should engage an independent consultant to determine the amount needed to run an autonomous judiciary.

He called on the government to fund the judiciary adequately.

“It inadequate funding is undermining institutional autonomy of the judiciary. Given the foregoing, we strongly urge the executive to give the judiciary the funds it requires to operate properly and effectively as an autonomous institution,” he said.

Judge Mwanamwambwa expressed concern at the disparity in terms of funding between the judiciary and the national assembly.

“By contrast in 2010, the National Assembly had an approved budget of K175 billion-K13 billion higher than the judiciary. Of this K175 billion, K164 billion was released. They suffered a reduction of K11billion, compared to the judiciary of K53 billion,’’ he said.

Judge Mwanamwambwa said the judiciary needed about K700 billion to operate smoothly.

He said although it presented a budget of K326 billion, on approval the allocation was reduced to K189 billion and a further reduction was expected when the money was released.

Judge Mwanamwambwa said lack of financial autonomy in the judiciary could stifle the administrative aspect of it.

“The National Assembly is never subjected to intervention and control in their expenditure. They have financial autonomy. The current set up is unacceptable,” said Judge Mwanamwambwa.

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