CASE NOTES/COMMENTS BY JUDGES AND JURISTS

Abstract

n a thriving democracy, there must be a high regard and great respect for the 
concept of the separation of powers. 
The three arms of the State, namely the Executive, the Legislature and the 
Judiciary are considered separate entities with specific roles. 
And when it comes to the judiciary, there must never be real or apparent 
compromise of its integrity and independence. 
Thankfully, in my country, the judiciary guards its independence jealously and is 
always vigilant in its role to ensure that justice is served in all matters that come 
before its Courts. 
Perhaps the best example of the growing role played by the Courts in ensuring 
that justice is not only done but manifestly be seen to be done, is the less 
conventional and more practical approach adopted in statutory interpretation. 
There is a school of thought that believes that the Courts are guilty of 
overreaching when it seeks to fix statutory provisions with the use of creative 
interpretations, in instances in which it is clear that there has been a legislative 
slip by the Parliament.