While it is critical for the judiciary, as an institution, to be independent, individual judges must be seen to be objective and impartial. In order to achieve this, judges must avoid words and actions that could make them appear to be biased of the laws they are sworn to uphold.
They must therefore be aware of the need to conduct themselves, both in and out of court, in such a way as to maintain public confidence in the impartiality of the judiciary.
Judges cannot take part in politics, either as a party member, fundraiser or donor. They also need to be extremely careful about what they publish. As we enter an era of increased transparency in the judicial system globally, there should be serious concerns over the appointment of Mrs Lucky’s to the judiciary.
Serious questions are being raised whether she could be regarded as impartial as a Judge, since as recently as this year, she expressed very strong political views she has publicly in her newspaper columns, and her television series.
There are also concerns that the appointment should not be made while the investigation into the leak of the PCA report on the operations of the Flying Squad is in progress. Her frequent rivalry with the government is also detestable.
Can we let good sense prevail in this situation?