Judges don’t enjoy ex-gratia – Justice Gertrude Torkornoo

According to Justice Gertrude Torkornoo, the judiciary does not receive ex-gratia payments.

Judges, she claims, do not have terms of office and must work until retirement, and they are not entitled to ex-gratia.

A presidential committee determines judges’ salaries and benefits, according to Justice Torkornoo.

“I think that consistently the Association of Judges and Magistrates have responded to questions on ex-gratia for judges and made it very clear that judges don’t receive ex-gratia.

“We continue in office, we don’t leave office until you 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 [judges] are mentioned, how our salaries are set under Article 71, it’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. It’s an entrenched provision and can only be changed by a very elaborate position.”

She was responding to a question on ex-gratia when she appeared before the Appointments Committee of Parliament on Friday, May 26, 2023.