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ADDRESS OF THE HON. CHIEF JUSTICE, SIR ISAAC HYATALI, T.C. - page 14 / 17

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office I should like to assure him (or shall I say warn him) that we are all looking forward with the keenest anticipation to the first results of the Commission’s deliberations.

THE CASE FOR THE JUDICIARY

Let me therefore in the light of the failure to make the Bench, the dominant attraction to the legal profession and in the best interests of the future administration of justice in our country, restate the case for the judiciary in the graphic and prophetic language of Sir Albert Napier and support it with the immortal eloquence of Sir Winston Churchill whom I quoted last year in vindication of another point I made then: Sir Albert Napier had this to say:

“The service which a Judge renders requires the highest qualities of learning, training and character. He has to exercise powers which in England, would be shared between the three divisions of the High Court,… A judge lives a more restricted life than other people. Additional sources of income which are open to many men in salaried occupations

are denied to a Judge. He cannot hold directorships in companies, cannot engage in trade or write for the press. He must be circumspect

the friends which should find his

he makes and the hospitality impartiality subconsciously

which he receives lest

undermined.

His

is

he in he a

dedicated

life.

the salary

now

Much is required of him and offered is still inadequate for

with the the post.

present cost of living It is also insufficient

to

attract

persons

qualified

to

hold

the

office.

We

are

informed

that

great

difficulties

have

been

found

in

filling

recent

vacancies

and

unless

a

better

salary

is provided

of the

Bench.”

there

must

be

a

progressive

deterioration

in

the

quality

And Sir Winston Churchill spoke in this wise to his fellow parliamentarians:

“The service rendered by a Judge, demands the highest qualities of learning, training and character. These qualities are not to be measured in terms of pounds, shillings and pence according to the quantity of work done. A form of life and conduct far more severe and restricted than that of ordinary people, is required from judges and, though unwritten, has been most strictly observed. They are at once privileged and restricted. They have to present a continuous aspect of dignity and conduct… The Bench must be the dominant attraction to the legal profession, yet it rather hangs in the balance now, and heavily will our society pay, if it cannot command the finest characters and the best legal brains which we can produce; and heavily will our country pay… if we do not sustain those institutions for which we are renowned.”

14

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