its independence, the judiciary, must be seen to be independent from the
executive and parliament”23.
71. The Court notes that in the instant case, it emerges from Articles 12524 and
127 of the Respondent State’s Constitution that judicial power, exercised by
the Supreme Court, the courts and tribunals, is independent of the
legislative and executive powers. The Court further notes that the President
of the Republic is the sole guarantor of the said independence by virtue of
Article 127 of the said Constitution25, that is, he must ensure that this
independence of the judiciary is given force and substance both in law and
in fact.
72. The Court therefore considers that the judiciary should not be subordinate
to any other authority. It follows that neither the executive power nor the
legislative power should interfere, directly or indirectly, in all matters relating
to the organisation and functioning of the judiciary, including those of the
entities that manage the careers of judges.
73. The Court underlines that it emerges from Article 11 of the organic law
relating to the HJC that the latter is the body that manages the career of
judges from the day they take their oath until they retire. The Court observes
that this ensures discipline within the judiciary. The HJC is therefore the
guarantor of the independence of the judiciary and also a bulwark against
interference by other powers. In the Court's opinion, such a body, in order
to support the independence of the judiciary, must be statutorily and
functionally independent of the other branches of government.
ACHPR, Kevin Mgwanga Gunme and others v. Cameroon, Communication 266/03, § 211 and 212,
45th ordinary session, 13-27 May 2009.
24 "The judiciary power is independent of the legislature and the executive powers. It shall be exercised
by the Supreme Court, the courts and tribunals established in accordance with this Constitution".
25 “The President of the Republic is the guarantor of the independence of the judiciary. He is assisted
by the High Judicial Council”
23
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