Paul Lismore

[Paul Lismore] Incompetence of some of our judges

Rédigé par Paul Lismore le Dimanche 2 Juillet 2023

[Paul Lismore] Incompetence of some of our judges
Chief Judge Rehana Mungly Gulbul has received many uncomplimentary comments online since her appointment. The main reason for that is the poor PR coverage and her own reticence to tell the public know how she intends to take the judicial system forward and to try to combat the general feelings of uneasiness and dissatisfaction with the performance of the courts. 

But on the 29th June 2023, she delivered a Supreme Court judgement that has revived my faith in her ability to act fearlessly and with the independence that naturally accompanies her position as Chief Judge. I am enclosing a copy of her judgement in the Bokhoree v Chavrimootoo case, where she highlights the incompetence of Judge Naidoo, and her inability to distinguish between "une action reelle" and "Une action personnelle". The judgement of the Supreme court states that " We agree that the decision of the learned Judge is erroneous in law since the causeof action is eminently “une action réelle” and not “une action personnelle”....

  The learned Judge was manifestly wrong in holding that the appellant’s claim was “une action personnelle” which is barred by the ten-year extinctive prescription applicablefor such actions."
If I am not mistaken, this is the first time ever that a judge is named and shamed in a judgment for gross incompetence . The distinction between an “ action personnelle “ and “ action réelle “ is not rocket science really... Even a first year law student knows the distinction.....This judgment perhaps helps to support the CJ's decision to have appointed the latest Judges on merit rather than on automatic promotion for the number of years ti p chauffe banc... 

But then, if you have a judge who "works" long hours in the evenings in order to have some apparently "judicial" jig jig with the Court Manager, and who insists on being addressed as " Milady"even in private, the lines between "reelle" and "personnelle" are bound to become blurred...

Anyway, read the judgement and see how some judges can really fuck people's lives through their incompetence and haughtiness....

Dimanche 2 Juillet 2023

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