Judiciary Revises High Court Rules with Support from American Bar Association

Group Photo at Workshop Review © Askanwi

The Judiciary of The Gambia, in partnership with the American Bar Association Rule of Law Initiative (ABAROLI), revises High Court Rules to enhance Judicial efficiency

Banjul, The Gambia, 17th December 2024, The Judiciary of The Gambia, in collaboration with the American Bar Association Rule of Law Initiative (ABAROLI), has successfully revised the Rules of the High Court, marking a significant step toward achieving the strategic objectives outlined in the Judiciary’s Strategic Plan 2021-2025. The revision aligns with the Plan’s goal to "review all judicature Acts and rules to reduce undue technicalities and bottlenecks," thereby strengthening the efficiency and effectiveness of The Gambia’s justice system.

As part of this initiative, the Judiciary and ABAROLI appointed a consulting firm under the Promoting Rights & Justice (PRJ) Activity in The Gambia to lead the revision process. Among other engagements, the Judiciary convened a productive two-day conference that brought together key stakeholders, including legal professionals, judicial officers, and members of the Judiciary Rules Committee. This conference provided a platform for in-depth discussions on the existing High Court Rules, identified challenges, and resulted in comprehensive recommendations for reform.

Chief Justice Hassan B. Jallow © Askanwi

A major milestone in this reform process is the submission of the Consultant’s first work document titled “Review of High Court Rules: Overview of Proposed Changes”, which has been circulated to all relevant stakeholders for review and feedback. This document outlines the key proposed amendments and sets the stage for further discussion and refinement.

The proposed changes are crucial, as the Rules of Court serve as the cornerstone of any justice system. They ensure that justice is dispensed in a fair, timely, and just manner. Weak or outdated rules can undermine the fairness and integrity of the system, potentially leading to inefficiency and injustice.

Consultant Amie Bensouda © Askanwi

Among the proposed changes, particular emphasis is placed on the introduction of commercial court rules, enforcement of fundamental human rights rules, and intellectual property rules. These reforms are expected to address specific gaps in the judicial system, and attention will be given to their operational effectiveness and potential challenges during the implementation phase.

The revision process began with a comprehensive review of the existing High Court Rules, followed by consultations with key stakeholders to refine and validate the consultant’s recommendations. PRJ worked closely with the Judiciary and the Rules Committee to incorporate stakeholder feedback and ensure the proposed rules align with the needs of the justice system.

ABA Representative Sandra Oreyma © Askanwi

In the first quarter of the year, a stakeholder forum was convened to review and validate the proposed changes. The final report on the revised rules was shared with the Judiciary earlier this year.

Looking ahead, PRJ will continue its collaboration with the Judiciary of The Gambia to ensure that the revised High Court Rules are fully implemented by next year. This reform represents a significant milestone in enhancing judicial processes and improving the overall delivery of justice within The Gambia’s legal system.

High Table Group Photo © Askanwi

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