A Survey by Mostafa Nuser.
In the first judiciary conference held in Sana’a recently, the vice chairman of the supreme judicial Council, judge Mohammed AL-Hujji addressed the judges saying that “ the commercial courts have been established as part of specialized judiciary aiming at serving the development and investment”. Al-Hajji stressed the importance of improving the commercial judiciary.
The judiciary conference brought up the motto “ Justice is the basis of Security, development and investment…. How does development come of justice? This is the question.
Judge Abdulgleel No’aman says: fair judiciary depends on the competent and proficient judges. If we have managed to select the judges according to these criteria , we’ll succeed in bringing about justice and security . Consequently, the appropriate environment for investment and development will be created.
For his part , judge Mohammed Esma’eel Al-kibisi , placed emphasis on the necessity of focusing on the commercial courts. He says “ it is so imperative for commercial judiciary to be fair, modest and to hand down its verdicts as soon as possible, because these are the most necessary conditions for the commercial cases.
Judge al-kibsi who is the head of Yareem court , added “ commercial courts have been set up in five governorates so far and we’re hoping for setting up more provided that judges must be highly qualified and specialized in the commercial laws and international law.
The judge Munsor Al-alawy, chairman of Taiz’ s appeal court, said “ bringing about development and more investment via the fair judiciary can be managed through the ministry of justice , judiciary inspection and general attorney office.
He emphasized on the judiciary inspection saying that” judiciary inspection and auditing is very important for insuring the fair judiciary as it helps in turning those judges who might be proven out to be incompetent or dishonest to accountability.
Mr. Ahmed al-wada’ae, a lawyer, said “ judiciary is one of the main factors for the development and investment as the foreign investors are always concerned about three issues in the country where they are looking forward to invest in it: market , judiciary and security situation.
Al-wada’ae went on saying “ the donor countries and International institutions such as WB and IMF are very interested in the judiciary , they actually want to see independent judiciary. “ The minister of justice seems to be earnest and enthusiastic for improving the judiciary system. The first judiciary conference is a significant practical measure he has taken and it is in the right direction”. Al-wada’ae added.Commercial Courts.
Prosecutor in the Province of Al-Bidha, Abdulraqeep al-Mageedi , said : Commercial courts have played a key role, but the aspiration is still far away , there are many things ought to be done for ameliorating the judiciary.
Sub-judiciary systems like the disciplinary and inspection authorities should have undertaken their role in the reform’s drive.
The main problem the judiciary is facing in the country , particularly the commercial judiciary , is that most verdicts don’t take their effect.
This problem has been made clear by all judges , however brigadier Sa’aeed al-khamery, the director general of lawful affairs in the ministry of interior said “ there are several reasons beyond this problem , the security systems’ s dereliction maybe one of them , but the major causes refers to the judiciary system.Furthermore, the judge’s vision hasn’t yet upgraded to come up to the standard to assimilate the latest developments which have been taking place in the legislative field.
Brigadier al-khameri pointed out to the problem of the real-estate ownership. He said that “ we should get ride of the real-estate ownership problem which we’re suffering from everyday due to the lack of the rules of real-estate ownership that laid down by the law”.
Al-khameri added “ for us in the ministry of interior, we do believe that we’re doing our best and we have already made huge sacrifices to perform our task”.