Legal vacation is not lawyers’ vacation — Deputy Attorney-General

Deputy Attorney-General and Minister for Justice Dr Justice Srem-Sai has clarified that the legal vacation should not be seen as a time for lawyers to decide whether court proceedings will continue. The vacation, which occurs from August 1 to September 30, aims to reduce the workload of superior courts but does not mean the judiciary halts its operations. Dr Srem-Sai emphasized that the period is traditionally a reduction in judicial activity, not a complete shutdown.

The Ghana Bar Association (GBA) has expressed concerns to Chief Justice Paul Baffoe-Bonnie, urging the judiciary to respect the established traditions surrounding the legal vacation. The GBA objects to lawyers being directed to court appearances after stating they would be unavailable during the period. The association clarified that Vacation Courts, established for handling urgent and interlocutory matters, do not conduct trials.

Dr Srem-Sai emphasized that the legal vacation is not a "lawyers' vacation" and that courts continue to operate during this time. The Chief Justice determines which judges sit during the vacation through warrants authorizing them to perform judicial duties. A Vacation Judge can hear both interlocutory and substantive proceedings in cases from their own court, while cases from other judges' courts may be limited to interlocutory matters.

This distinction is necessary because only the substantive judge responsible for a case can ultimately determine it. Dr Srem-Sai affirmed that the current arrangement is designed to ensure continuity in the administration of justice while allowing judges to take their vacation periods.