Understanding the courts for a beginner in court reporting

Many journalists do not appreciate reporting from the courts. This is as a result of several issues but mainly lack of understanding of the trade. Notwithstanding, some of the journalists are made to believe that reporting from the courts is risky.

Take a look at the media fraternity, you can point out the court reporter as opposed to the other media fields.

As a beginner, you have to understand the basics of court reporting. This write-up intends to take you through some of the basics of court reporting. I will be writing in series for the ease of understanding of many. 

Why court reporting?

The Constitution provides that all trials should be held in the public except wherein explicitly stated otherwise. Journalists are allowed to go to court and report the court proceedings. As a reporter, you are not required to add anything to what is been said or done before the court.

In one way, one can argue that it is very risky to report from the court but on another line, one can successfully argue that it is not risky. It is only risky for anyone who does not adhere to the rules of reporting from the court. It is only easy for those that know and follow the rules.

Before going into the topic of how to report from the court let me first discuss the court system in the Gambia and other topics first. I will come up with a special piece on that.

Firstly, you need to know the court system of the Gambia. You have to familiarize yourself with the structures of the courts. It is important at this juncture to explain the hierarchy of the courts.

Take note of the following terms:

*Jurisdiction: The power of a court to hear and decide a case or make a certain order. It also means the territorial limits within which the jurisdiction of a court may be exercised.

*Appellate Jurisdiction: It means the jurisdiction to hear appeals from a lower court

*Hierarchy: the ranking of the courts according to their superiority

*Sharia: Islamic law as it matters marriage, inheritance and divorce.

*Exclusive Original Jurisdiction: It means that court is the only one that has the jurisdiction to hear and determine that matter.

*Cadi: An adjudicator of Sharia with regards to marriage, inheritance and divorce.

*Apex: Highest

* Court: A court in simple terms is a body established by law for the administration of justice by judges or magistrates. It is also a hall or building in which a court is held.

The superiority of the courts in The Gambia: This is provided for under section 120 of the Constitution and other Acts of the National Assembly.

The hierarchy of the courts in The Gambia according to superiority is;

1)   Supreme Court;

This is the highest or the apex court in the Gambia. It has appellate, original and review jurisdictions.

A)  Appellate jurisdiction of the Supreme Court: the Supreme Court has the jurisdiction to hear appeal cases from the Court of Appeal. All appeals from the Court of Appeal is taken to the Supreme Court.

B)   Original Jurisdiction: the Supreme Court also has original jurisdiction. It hears election petition cases as it regards presidential and legislative elections. It also has the exclusive original jurisdiction to interpret and enforcement of the provisions of the Constitution other than any provision of sections 18 to 33 or section 36 (5) (which relate to fundamental rights and freedoms). It also has the exclusive original jurisdiction to hear cases of questions whether any law was made in excess of the powers of conferred by the constitution or any other laws.

C)  Review Jurisdiction: It has the jurisdiction to review its own decision. There is no other court above the Supreme Court. After making a decision, the Supreme Court has the power to review its own decision. The composition of the Supreme Court is 5 judges but when they are reviewing a case, they sit in 7.

2)   Court of Appeal;

This court has only one jurisdiction which is ‘appellate jurisdiction’. It hears appeal cases from the high court. The Court of Appeal shall have jurisdiction to hear and determine appeals from judgments, decrees and orders of the High Court, and such other appellate jurisdiction as may be conferred on it by an Act of the National Assembly. It also has the jurisdiction to hear appeals from the court-martial.

3)    High Court;

The high has the jurisdiction to hear all civil and criminal cases. The court also has the jurisdiction to interpret and enforce the fundamental rights and freedoms as enshrined in chapter 4 of the Constitution. The High Court has jurisdiction in appeals from courts subordinate to it (other than the cadi court). In addition, the high court has supervisory jurisdiction over all lower courts and adjudicatory authorities in The Gambia, and in the exercise of its supervisory jurisdiction shall have the power to issue directions, orders, or writes, including writes of habeas corpus, orders of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing its supervisory powers.

4)    The Cadi Appeals Panel;

It is equal in status with the high court. The Panel has jurisdiction to hear and determine appeals from judgments of the Cadi Court and from the District Tribunals where Sharia law is involved.

5)    The Cadi Court;

The Cadi Court has jurisdiction to apply the Sharia in matters of marriage, divorce and inheritance where the parties or other persons interested are Muslims. Appeals from the Cadi Court go to the Cadi Appeals Panel. It is equal in status with the magistrate’s court.

To be continued.