Chapter three: Democracy and good political governance 242. Therefore, the Western notion of the separation of powers does not work in the expected manner in this African constitutional monarchy. Nevertheless, the overlapping memberships of various institutions of state, combined with the apparent overlapping and duplication of certain functions, militate against efficient decision making and implementation. Independence and effectiveness of the judiciary 243. The CRM observed that there is a Judicial Service Commission, consisting of the chief justice, a retired judge, the chair of the PSC and the attorney general, which meets as and when required. It is responsible for appointments in the lower courts (magistrates), but makes recommendations to the king for appointments to the High Court and the Court of Appeal. 244. The funding of the judiciary occurs through the Ministry of Justice and Human Rights and Correctional Services. Although the budget allocations are channelled through the ministry, the registrar of the High Court is responsible for formulating the budget for the judiciary. However, there is always a problem in that resources are never adequate for the publication of the law reports and legislation. 245. There is a huge backlog of both civil and criminal cases, which is estimated will take at least three years to clear. The typical waiting time for a criminal case is 24 months. Part of the cause of the backlog appears to be the shortage of qualified and experienced judicial staff that can dispose of the cases. 246. The judiciary appears to be quite professional and independent in its case decision making. However, the CRM found that there is mutual distrust between the executive and the judiciary. It appears that the executive doubts the political allegiances of the judiciary, whereas the latter fears executive encroachment in its functioning and suspects deliberate attempts to frustrate proposed reforms aimed at greater autonomy of the judiciary. The capacity of the courts to dispense justice is undermined by human-capacity shortages in the face of increased litigation. The fact that there is no dedicated Constitutional Court means that High Court judges also have to staff that court, which further stretches their capacities. Conditions of service of the judges are reported to be unfavourable and deteriorating, which puts a dampener on morale. The independence of the judiciary is also reported to be compromised by the lack of transparency in appointments to the bench. 247. There is also a Law Reform Commission, which drafted the Judicial Administration Bill of 2001. The bill aims to improve the administration of justice by changing the process of appointments to the High Court and the Court of Appeal and to designate the registrar as the chief accounting officer. 248. However, judicial reforms are lagging behind because of delays in the enactment of several bills, including the Judicial Administration Bill (2001) and the Judicial Institutions Bill (2003), and in the completion of the Code of Conduct for Legal Practitioners (2007). 249. Overall, the human-capacity constraints, the limited budgets, the perceived attempts at executive interference in the administration of justice and the management of the courts, the delays in the disposal of cases and the attendant backlog, and the obstacles to judicial reforms all militate against the independence and effectiveness of the judiciary. 75