Patronage System Replacing The Rule Of Law
These are cataclysmic times marked by complete public cynicism regarding the value of the law, when the Judicial Service Commission has been unrelentingly attacked by the state media and its Secretary complains publicly that there are fears for the security of even ‘the person holding the highest position in the judicial system’.
By Kishali Pinto-Jayawardena -October 7, 2012
Kishali Pinto-Jayawardena
These are cataclysmic times marked by complete public cynicism regarding the value of the law, when the Judicial Service Commission has been unrelentingly attacked by the state media and its Secretary complains publicly that there are fears for the security of even ‘the person holding the highest position in the judicial system’.
Enlightened law reform now redundant
Perhaps however, through the extremity of the crisis, we may indeed hope that a newer form of critical thinking may emerge regarding the hugely dangerous nature of the political authoritarianism that now confronts us as well as our own failures which may have stemmed the tide at an earlier point of time.
Certainly, the law has been rendered at naught. Reformers who earlier argued that the focal point of change was enlightened law reform, whether in relation to civil liberties or general governance, must now take a step back and concede that this, by itself, is a superficial gloss. The actual issue of injustice superimposed by what a friend and colleague recently referred to as the ‘patronage system’ replacing the Rule of Law, will not be addressed by mere law reform. Necessarily, our thinking has to delve much deeper into fundamental problems with our current political order.
Certainly, the law has been rendered at naught. Reformers who earlier argued that the focal point of change was enlightened law reform, whether in relation to civil liberties or general governance, must now take a step back and concede that this, by itself, is a superficial gloss. The actual issue of injustice superimposed by what a friend and colleague recently referred to as the ‘patronage system’ replacing the Rule of Law, will not be addressed by mere law reform. Necessarily, our thinking has to delve much deeper into fundamental problems with our current political order.
Criminals running rampant
Take the recently touted Witness Protection draft law for instance. Would any thinking person believe that the horrendous breakdown of law and order and the negation of the legal system in imposing accountability on criminals and rights abusers who manage to threaten witnesses against them and even kill these unfortunates on occasion, will be corrected if this draft law is enacted? Hardly, one would think. To be effective, a Witness Protection system must be handled by competent officers with security of tenure and completely independent from the police structures and from political interference, at the minimum.
But what do we have? Criminals (including Ministers who instigate crowds to attack court houses) roam the country at large protected by political patronage with the police helpless to stop them. Would a Witness Protection law offer any solace against these rampant law breakers? The question is self explanatory. It will be just another glorified law on our stature books for this government to parade before the world as marking yet another milestone in its record. This travesty is a bitter mockery of what the law should mean to ordinary people in this country.
But what do we have? Criminals (including Ministers who instigate crowds to attack court houses) roam the country at large protected by political patronage with the police helpless to stop them. Would a Witness Protection law offer any solace against these rampant law breakers? The question is self explanatory. It will be just another glorified law on our stature books for this government to parade before the world as marking yet another milestone in its record. This travesty is a bitter mockery of what the law should mean to ordinary people in this country.
