WHY NO OFFICIAL OPENING OF HIGH COURT?

Madam,

The official opening of the judicial year is a solemn occasion in front of a distinguished gathering which includes diplomats, the minister for Justice and Constitutional Affairs and other high ranking officials.

The essence and importance of the occasion is underpinned by addresses which are traditionally made by the president of the Law Society and the chief justice. In their addresses, reflections are made of the past year’s challenges and achievements as well as aspirations that are envisaged by these members of the legal fraternity for the opening of the High Court.

It, therefore, marks the beginning of the judicial calendar year and focuses on issues of the administration of justice, which is the core function of the judiciary. It is, therefore, disheartening to note that the last official opening of the High Court ceremony was last held in January 2019.
The opening of the courts is similar to the opening of Parliament in the sense that they both mark the beginning of the calendar years of both institutions.

The chief justice’s office has traditionally been charged with convening the ceremony; so the unjustified non-observance of this long held and respected legal practice and tradition effectively infringes on the constitutionally entrenched rights to freedom of expression by the Law Society President, the Attorney General and indeed self censorship by the chief justice himself.

The non-observance of the ceremony further curtails the public’s right to receive information and the speaker’s right to disseminate that information. This cannot be in the public interest and administration of justice, which must manifestly be seen to be done. I, therefore, in the spirit of judicial protection and respect to the rule of law and the administration of justice, implore the relevant role players who are conferred with the authority to ensure that the country witnesses the official opening in this 2025 calendar year.

Uphold and defend
This would further be in conformity with the constitutional imperative to safeguard, uphold and defend the Constitution as the supremacy clause enjoins us, as citizens, to do (see section 2(1) and 2. May I conclude with a quote by Dr Martin Luther King who writes: “A threat to justice anywhere is a threat to justice everywhere.”

I pray that the administration of justice should not become a casualty in this most important judicial organ of State in an open democratic society.
The Constitution provides in part that: “Whereas it is necessary to protect and promote the fundamental rights and freedoms of all on our kingdom in terms of a constitution which binds the legislature, the executive, the judiciary and the other organs and agencies of government.  
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