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Friday, 4 January 2013

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SC ORDER OMITS ‘BY STANDING ORDER’ IN JUDGEMENT!

ENTIRE ORDER THEREFORE IN ERROR:

The Supreme Court order given yesterday to the effect that Parliament appointed PSC (Select Committee) cannot investigate the impeachment charges against the Chief Justice, on page 26 states that ‘the constitution shall provide by law (the method of investigation of the impeachment motion) BUT the constitution in fact says ‘by law or Standing Order.’

The Supreme Court obviously falsified/omitted the relevant part of the constitutional Clause in giving this judgment - - and left out the relevant vital part of the constitutional document, which says ‘by law OR Standing Order.’

The entire gist of the Supreme Court judgment is that the Parliamentary Select Committee cannot investigate impeachment charges against the CJ, as it has been created by Standing Order.

However, the constitution does say clearly – “by law or Standing Order’’, whereas quoting the same constitutional article the Supreme Court judgment says ‘by law’ omitting the part ‘or Standing Order.’

The SC order states: “It is mandatory under Article 107 (3) of the constitution for Parliament to provide by law, the matters relating to the forum before which the allegations are to be proved, the mode of proof, the burden of proof and the standard of proof an any alleged misbehaviour or incapacity and the judge’s right to appear and to be heard in person or by representative in addition to matters relating to the investigation of the alleged misbehaviour or incapacity.’

However, the same cited constitutional article 107 (3) in fact states “parliament by law or Standing Orders provides

for all matters relating to the forum before which the allegations are to be proved, the mode of proof, the burden of proof and the standard of proof an any alleged misbehavior or incapacity and the judge's right to appear and to be heard in person or by representative in addition to matters relating to the investigation of the alleged misbehavior or incapacity."

It is clear therefore that the Supreme Court order has been made, omitting the key part of the constitution that states that Standing Orders is one way of creating a body to investigate impeachment charges against the Chief Justice. In fact the entire order therefore is in gross error, and has falsified/omitted the relevant constitutional clause. The order acknowledges that the removal of judges is a power vested with the President.

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