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Cabinet approves Legal Practitioners Decree

April 10, 2012 7:01 pm

Cabinet has approved the Legal Practitioners (Amendment) Decree 2012.

The Amendment Decree provides that the appointments of all Commissioners for Oaths, other than legal practitioners who hold a valid practicing certificate, shall expire on 30 June 2012.

Appointments made thereafter shall be for a term of years to be determined by the Chief Justice.

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Maca Lutunauga reports.

“Cabinet based its decision on a submission by the Attorney General, Aiyaz Sayed Khaiyum. Sayed Khaiyum says the Legal Practitioner’s Decree 2009 provides for the appointment of Commissioner for Oaths, by the Chief Justice. He says that the appointment of Commissioners, other than legal practitioners who hold a valid practicing certificate, do not specify a term of years for which the appointment is valid. This, he says, essentially means that these Commissioners are appointed for life and are not subjected to performance reviews by the Chief Justice.He says it is necessary to amend the Decree to provide that the Commissioners, other than legal practitioners who hold a valid practising certificate, should be appointed for a fixed period, and that the performance of any such Commissioner to be properly monitored before any extension is granted. The Attorney General says this will be similar to Justices of Peace, who are now appointed for a 3 year period and their performance is closely monitored before any renewal of appointment.”

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