Chief Justice nominee, Justice Gertrude Torkornoo, has addressed allegations that judges take ex-gratia.
She explained that because judges do not have a set term of office and instead serve until they retire, ex-gratia does not apply to them.
During her vetting by the Appointments Committee of Parliament on Friday, May 6, 2023, she said the provision under Article 71 in the constitution deals with how salaries of judges are set.
“I think that consistently the Association of Judges and Magistrates have responded to the question of ex-gratia for judges and made it very clear that judges don’t receive ex-gratia.
“We continue in office, we don’t go anywhere until we retire. We don’t have a cycle, and therefore, the discussion of ex-gratia is not applicable to us.
“This specific provision where our names are mentioned deals with how our salaries are set. Under Article 71 as you know, there’s a committee, a presidential committee that does that work. And the framers of the Constitution thought that that was the appropriate thing to keep us independent, and we are not the only persons subject to it. But you are right that this is an entrenched provision, and it can only be changed by a very elaborate procedure.”
