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The President’s deafening silence

23 août 2012, 00:00

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I was immensely pleased to hear that Kailash Purryag wants to be a “ committed” President. Frankly the dearth of committed people in public office of late has been depressing. And while it’s heartening that Mr President wants to help the youth find its way again, perhaps he should have a re- think about his sense of priorities.

For Kailash Purryag’s supposedly avant- garde position is laughable. With all due respect, the President is trying to have an easy ride. It’s easy to preach to the young – might be a little harder to deal with the fact that they’re not listening to you, but it’s nothing to be worried about. It’s trickier to deal with the judges. And that’s exactly what the President should be doing. In fact, it should have been the fi rst thing on Kailash Purryag''''s agenda. And yet, for a President who wants to be committed, Kailash Purryag’s silence on the matter of private arbitration has been deafening.

The President is the only person who can put a stop to the current practice of private arbitration by sitting judges. Parliament is not completely powerless either but can you realistically imagine government taking on the judiciary? Can you imagine a case scenario where Cabinet “ takes note” of said practice and decides to tackle the problem head- on by introducing an Arbitration Act like the one in the UK, seeking to make private arbitration by sitting judges the exception, rather than the rule? A law that provides clear and strict and transparent guidelines for such extra judicial activity? I can’t. They don’t have the guts.

Paul Bérenger made a feeble attempt to address the problem. Once. He mentioned the arbitration situation in passing, a couple of weeks ago and asked that government introduce an Arbitration Act. That was the extent of his contribution to a problem that’s as insidious as it is dangerous. Obviously government never did react to Bérenger’s timid suggestion. Not even a whimper. That was it. End of problem. You know, like those people who think ignoring a problem will make it go away.

The reaction from the legal profession was pathetic.

Lawyers whispered amongst themselves, agreed that “ something must be done” and waited for the problem to sort itself out. Those lawyers who stand to gain when sitting judges arbitrate private matters hastened to lobby for the status quo.

And status quo it was. The Bar Council announced a “ committee” on the matter. As if one needed a committee to tell you what’s ethical and what’s not. As if one needed a committee to tell you that the integrity of the judiciary is priceless.

In the face of such cowardice and dereliction of duty, there’s the President who with just one stroke of a pen, can put a stop to this practice. The law says clearly that judges should not “ with or without remuneration, undertake any other work or hold any other office”, except with the approval of the President.

Does Purryag’s silence mean that he approves?