The Importance of open courts and fair hearing 
 
Some months ago the whole country was in the dark as to why some Generals, Colonels and Majors of the army were held away from the public eye. If they were tried in secret nobody would know the reason for their arrest. Speculation became rife.
 
Even though most of the people being tried are military and security personnel the public is carefully following all developments.
 
They are on the sideline scrutinizing what the witnesses are saying. They are capable of observing the countenance of the accused persons and the witnesses and could gauge for themselves whether truth is being said or not. This is why the old adage is coined that justice must be done and should be seen to be done. There is no need for long detention without trial. What is needed is a just court to determine innocence or guilt.
 
The reason why independent and impartial tribunals have been created is to enable both the prosecutor and the accused person to have equal rights in proving innocence or guilt. This is why justice is represented by a scale which weighs evidence pointing at innocence against those pointing at guilt. Hence each side has equal opportunity to produce evidence which could either convince a judge beyond reasonable doubt that a person is guilty or should be acquitted and discharged. 
 
In an open trial the media is protected to publish everything said in court, without fear or favour affection or ill will. This enables the public to know what is being said in court and could also form an opinion regarding the fairness of a trial.
 
Over the years humankind has come to gather that the executive with its power to control armies and police forces that carry instruments of coercion needs to be restrained by laws which are administered and enforced by an independent and impartial tribunal which cannot be dictated to by any authority other than the law.
 
This is why section 24 of the Constitution states in section 1 subsection (1) that "Any court or adjudicating authority established by law for the determination of any criminal trial or matter, or for the determination of the existence or extent of any civil right or obligation shall be Independent and Impartial..."
 
These are the cardinal principles our magistrates and judges swear to uphold. Furthermore, this subsection adds that "(a) if any person is charged with a criminal offence, then unless the charge is withdrawn; or (b) where the proceedings are commenced for the determination or the existence of any civil right or obligation, the case shall be afforded a fair hearing within a reasonable time."
 
Subsection 2 further adds that "All proceedings of every court and proceedings relating to the determination of the existence or extent of civil rights or obligations before any other authority including the announcement of the decision of the court or other authority, shall be held in public…."
 
We hope that all members of the noble legal profession would realise that they are the guardians of the justice of the land and should adhere to the principles which make them to operate in accordance with the dictate of law and justice at all times.





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