During the presentation ceremony of the report on the Conference of Justice yesterday, President Faye announced that certain recommendations would be applied following a strong consensus, in particular the reform of the Superior Council of the Magistracy.

The General Report on the Conference of Justice, held from May 28 to June 4, 2024, was submitted yesterday to President Faye. There is a dark point that was noted in the document: the perception that ordinary Senegalese people have of Justice is often very negative.  “This sentiment was largely reflected in the contributions made on the Jubbanti platform. 75% of contributors say they have little or no confidence in Senegalese justice. This lack of trust is linked to a feeling of inefficiency in the delivery of services and to the existence of corrupt practices which hinder equitable access to the public service of Justice.

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At the discussion table, the same feelings were best shared. And for the participants, the conclusions are clear: “Senegalese justice is ineffective, repressive and instrumentalized. It operates at several speeds and favours the elites to the detriment of ordinary citizens: it suffers from the vice of partiality commonly known as “Kumba am ndey, kumba amul ndey” (double standards). Justice which, theoretically, is rendered in the name of its users, is, in the last instance, only the « thing » of local oligarchs (holders of political powers, marabout lobbies, brotherhoods, money powers, etc.) and of foreign powers.  And this is what explains the feeling of fear and even mistrust of citizens towards Justice, who therefore favour the technique of avoidance whenever possible. There is also an impression of a gap between Justice and religious and societal realities. “Justice does not take culture and religion sufficiently into account in divorce and inheritance procedures in particular. However, this is nothing less than a recognition of the fact that we all enter into humanity through different cultures and traditions.  Recourse to the Cadi to resolve matrimonial and inheritance problems, in addition to decongesting the courtroom, would, according to participants, contribute to an awareness of the importance of religious and social values ​​in the search for solutions to citizens’ problems, notes the report.

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During the ceremony, Professor Babacar Guèye did not hide his joy: “The exercise was not easy. The data had to be simplified and made digestible. It’s holding is an eloquent manifestation of the importance you reserve for Justice, one of the essential pillars of democracy and the rule of law. We are convinced that you are taking, in the name of the People, the necessary actions to achieve concrete and eloquent results for the triumph of the rule of Law. The Conferences were a moment of questioning of our Justice, an x-ray of this power which is at the heart of a modern State.” He insisted on reforms to the Penal Code, Code of Criminal Procedure and Family Code for a Justice system adapted to the modern era.

Diomaye : “We must guard against any messianism with regard to our institutions”

In a straightforward speech, President Diomaye delivered his verdict: “The ideal of Justice cannot be a finished work. Justice must always be aligned with the evolution of time. It must be questioned, criticized, renewed and re-founded. We must guard against any messianism with regard to our institutions which, for them to correspond to the requirements of the Rule of Law, must always be subject to critical reason and the permanent assent of the sovereign People.”  He continued: “A State of Law is not limited to the existence of institutions. The Rule of Law requires systemic renewal, overhaul and reform when its institutions, like our Justice, suffer from ills that affect their credibility. In this regard and in consideration of our recent past marked by expectations of the Rule of Law, our country must equip itself with institutions that are at the same time fair, legitimate, robust and functional. These conditions are the guarantee of efficiency, stability, but above all the independence of Justice.”

There are essential recommendations on which he has, however, refrained from committing. “The need for reform and modernization is widely highlighted in your work. This corresponds to our desire to adapt by correcting our legal framework and its imperfections and shortcomings. As such, the reforms on the Superior Council of the Magistracy, the opening of the liberal professions, the standardization of detention links, the Africanization of the symbols of Justice, the supervision of illegal practices such as the return of Public Prosecutor’s Office, the overhaul of the Penal Code and the Code of Criminal Procedure in order to extract abusive and arbitrary provisions will be at the heart of my concerns. By this, I mean that everything which is the subject of a broad consensus will be strictly applied,” continued President Faye. He announced, as recommended by the Conference, the creation of new institutions: the High Authority of Justice, the Constitutional Court, and the establishment of a detention judge. “The time has come for the systemic transformation of our Justice,” he thundered.

During the Conference, of which Professor Babacar Guèye is the facilitator and Ndongo Fall the rapporteur, three reflection bodies were established: a “Reform” commission chaired by Professor of Law Isaac Yankhoba Ndiaye, a “Modernization” commission led by Ms. Dior Fall Sow and a Scientific Commission with Mr. Amady Ba as president.

By Dieynaba KANE / dkane@lequotidien.sn

  • Translation by Ndey T. SOSSEH