Hon. Dawda Jallow, Attorney General and Minister of Justice
By Landing Ceesay
The Attorney General and Minister of Justice Dawda A. Jallow, has tabled a bill in the legislature to grant lifetime security and pension benefits to judges.
The Judicial Officers Remuneration and Other Entitlements Bill, 2023, was tabled before the National Assembly for its first reading on Monday, September 4, 2023.
The bill, if enacted, would provide for the Chief Justice or Judges to be paid sums in respect of incidental expenses, including telephone and robbing allowance. It would also seek to have the Chief Justice receive per diem and allowances equivalent to those paid to the Vice President of the Gambia for meetings, seminars, and conferences held abroad that relate to the administration of justice.
The bill also seeks a Judicial Officer who retires at or after the age of sixty-five years; and after having served at least five years in aggregate in a judicial office, be paid a non-taxable lump sum gratuity in a sum equal to six months of his or her basic salary last received whilst in office.
“A Judicial Officer shall be paid such pension as prescribed as follows: pension equal to last salary in service shall be payable to the occupant of the office of Chief Justice who retires after serving as such for a period of five years: any other judge of a superior court shall enjoy a pension of full salary upon retirement after serving for at least ten years; any other judge of a superior court who at retirement has served for less than ten years but more than five years shall be entitled to a pension of three-quarters of his last salary;
“A judge who upon retirement has not satisfied any of the above conditions, may be paid a gratuity to be determined by the Judicial Service Commission; a retired judge shall be paid such other benefits and allowances as may be prescribed for by the Judicial Service Commission after consultation with the Minister of Finance; or a judge’s pension shall be subject to increase as the salary of a serving judge of the Superior Court at the equivalent level,” Attorney General reveals in the Bill.
The government has proposed that a retired judge should cease to hold office and be prohibited from appearing or acting as a legal practitioner before any court or tribunal in The Gambia or abroad. However, this prohibition would not apply to judges who have resigned from office, been appointed on a temporary basis, or been removed for misconduct.
The government also wants a Judicial Officer who has attained the age of retirement and has held judicial office for less than ten years, but at least for five years, he or she shall be granted a pension that bears the same ratio to a pension corresponding to the number of years the Judicial Officer has held judicial office; or the pension and other benefits to which the Judicial Officer is entitled to under his or her terms and conditions of service whichever is higher.
The Government also wants a pension granted to a Judicial Officer under this Act to commence on the date of his or her attaining the age of retirement and shall continue during the life of the Judicial Officer.
If enacted, the Bill would provide a provision where a Judge dies whilst holding office, a lump sum equal to one-half of his or her yearly salary at the time of his or her death be paid to his or her surviving spouse.
The bill, if enacted would also provide a provision for a Judicial Officer who retires from office shall continue to receive the incidental allowances specified under the Regulations.
The government wants the pension and gratuities payable under this Act to be payable from the Consolidated Revenue Fund.
“The salaries and pensions payable under this Act shall be paid by monthly installments. The first salary of a Judicial Officer shall be paid pro rata of the first day of the month that occurs next after the appointment of the Judicial Officer. If a Judicial Officer resigns from his or her office, he or she shall be paid his or her full monthly salary for that month, provided that the required notice for resignation is fully served, otherwise, the Judicial Officer shall refund one month’s salary in lieu of notice.
“If a Judicial Officer dies, his or her personal representative shall be paid the full monthly salary of the Judicial Officer’s salary since the last payment. The allowance of a Judicial Officers are exempt from income tax,” according to the Bill.
The government wants a Judge to be deemed to be on leave during the legal vacation between 1st August and 30th September of each year unless he or she is appointed as a Vacation Judge.
The bill also seeks for all Judicial Officers to be entitled to such leave as may be determined or prescribed by the Judicial Service Commission.
The Bill is also seeking for the Judicial Service Commission may, for such purpose as may be prescribed by Regulations made under this Act, grant a Judicial Officer leave of absence without salary for a period not exceeding twelve months, which may be extended by the Commission.
The bill is also seeking for the Chief Justice may for good cause, grant a Judicial Officer leave of absence with pay for a period not exceeding thirty days.
The bill also seeks that whenever a Judicial Officer is absent from his or her duties for a period of more than thirty days, the Chief Justice shall report such absence to the Commission.
The bill wants a Judicial Officer not to engage in any other paid employment.
“The Commission may, when the need arises, recommend the appointment of a Judicial Officer on contract, for such period and on such terms and conditions as shall be specified in his or her contract of appointment,” according to the Bill.
The bill would also provide a provision for a holder of a judicial office shall comply with the Judges (Supplementary Code of Conduct) Act in addition to the Code of Conduct for Public Officers.
“The Commission may make Regulations generally for the better carrying into effect of the provisions of this Act and to provide for any other matters necessary for its effective implementation, ” the bill seeks.