The legal vacation should not be interpreted as a period during which lawyers can unilaterally determine whether court proceedings will continue, Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has said.
Dr Srem-Sai said the legal vacation, which runs from August 1 to September 30, is designed to significantly reduce the workload of the superior courts but does not mean that the judiciary ceases to function. He said the period is traditionally a reduction in judicial activity rather than a complete shutdown of the courts.
His comments follow a letter from the Ghana Bar Association to Chief Justice Paul Baffoe-Bonnie urging him to ensure that judges respect the established traditions governing the legal vacation. The GBA has particularly objected to lawyers being directed to appear in court after indicating that they would be unavailable during the period.
The association said Vacation Courts were traditionally established to handle urgent and interlocutory matters and did not conduct trials. It further argued that where counsel indicates an inability to appear, the matter should be adjourned rather than proceed without them.
Dr Srem-Sai, however, said the legal vacation is not a “lawyers’ vacation” and that the courts continue to operate during the period. He explained that the Chief Justice determines which judges sit during the vacation through warrants authorising them to perform judicial duties.
“The key point here, however, is that the courts scale down on work significantly – they do not shut down,” he said.
He said a Vacation Judge could hear both interlocutory and substantive proceedings in cases from the judge’s own court, while cases originating from another judge’s court could be limited to interlocutory matters.
Dr Srem-Sai said the distinction was necessary because only the substantive judge responsible for a case could ultimately determine it. He maintained that the existing arrangement was designed to ensure continuity in the administration of justice while allowing judges to take their own vacation periods at appropriate times.