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ADDRESS OF THE HON. CHIEF JUSTICE, SIR ISAAC HYATALI, T.C. - page 3 / 17

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for lack of performance, by a Senator who should have known better, or at least been better informed. I therefore felt constrained to clear the air in my 1975 address and demonstrated by the statistics of 1972, 1973 and 1974, that there was an actual increase in the performance of the Judges by some 40% in 1974 over 1972.

OTHER CRITICS I digress here for a moment to observe, that other

come

to

the

fore

in

recent

times.

But

let

me

would-be critics of the Judiciary, have stress what I have said on previous

occasions, criticisms.

and We

it is, that we the Judges of the Supreme Court, welcome fair and are not afraid of nor daunted by them. Such criticisms are healthy

honest for the

Judiciary and we shall always be grateful to thereby, their honest concern for improvement

those of the

who do so in good faith machinery of justice.

and

show

FREEDOM OF SPEECH Freedom of speech is a precious and much treasured right in this country and in order to preserve its inviolability, it is necessary to keep steadily in mind, that subject to the citizen’s right not to be defamed, and the laws against treason, sedition, blasphemy, obscenity and other crimes, this right predicates freedom, not only for the views with which we agree, but also freedom for the views with which we wholeheartedly detest.

SUSPECT CRITICISM Criticisms however, which are inspired by pique, malice or other improper motive, are clearly, not bona fide criticisms but calumny in disguise, and those who spew them around will be found to be either nondescripts or opportunists hankering after cheap publicity or obsessed by a passion to be noticed and recognised in the society.

SCANDALUM MAGNATUM Their technique involves the employment of the all too familiar method of scandalum magnatum – that is, directing outlandish attacks against the holders of high offices – the President, the Prime Minister or the Chief Justice; and if that proves inadequate to

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