50. The Court was not addressed
submissions
or during
oral
on Articles 8 and 9 either in written
clarification
of the
same.
The
Articles
address the manner in which the emoluments of judges of the Special
Court
would
be determined,
and
prescribe
the
ranking
judges of the Special Court viz the Supreme Court.
did, nonetheless,
cite the United
Nations
or status
of
Learned Counsel
Resolution
No. 40/32 on
the independence of the Judiciary in support of his case.
51.We
are
aware
governance
present
as
that
the
transparency.
thereof.
6(d)
a fundamental
purposes,
principle,
Article
of the
principle of the
recognizes
as
inherent
principles
of
The
principles
same
Treaty
rule
A clear understanding
of
designates
Community
within
law,
are
that
and,
for
fundamental
accountability
reflected
good
in
Article
and
7(2)
of the cited principles is critical to a
determination of the compliance of the impugned Act with the Treaty.
52. In
an
Article
Development
Executive
‘good
published
(IFAD),
by
the
‘Good
International
Governance:
Board — 67" Session,
governance’
Fund
was defined
An
September
by the United
for Agricultural
Overview’,
IFAD
1999, p. 6, the term
Nations
Development
Fund (UNDP) as follows:
“The
existence
institutions
their
of
through
interests,
effective
which
exercise
mechanisms,
citizens
their
and
legal
processes
groups
rights,
and
articulate
meet
their
obligations and mediate their differences.”
53. In the instant case,
governance
has
been
the Applicants' claim that the principle of good
contravened
within the context of right to fair
trial and the principle of separation of powers does, in our considered
opinion, bring into purview the principle of rule of law.
Reference No.1 5 of 2014
In a Report of
Page 23