“Should I be offered a future appointment to the judiciary, that would be an honour. But that can only be done, as in the case of all judicial appointments, in terms of the Constitution.”
He said he would not comment on reports that he has already struck a deal with the powers that be to become the next Chief Justice. He said he would not want to disclose the details of any discussions he had with the President.
“It would not be proper to disclose the details of discussions I held with His Excellency the President in 2003 when he prevailed upon me to serve a two year term as Attorney General, in order to assist with the restructuring of the Chambers. That is for His Excellency to do if he so desires,” Kirby said. Before he was appointed Attorney General, Kirby was a judge and before this, he was a Deputy Attorney General. He denied that the independence of the judiciary is compromised when officials shuttle between the Attorney General’s Chambers and the bench.
“I have no doubt , as I stated at the beginning of the 2004 legal year, that a person of integrity can serve at different times both in the Attorney General’s Chambers and as a judge without compromising the independence of the judiciary. To date, two Chief Justices have served in the Chambers, while one has served again with the Attorney General after completing his contract as Chief Justice. All did so in the interest of the country and with distinction.”
Kirby took a swipe at Law Society of Botswana chairperson, Omphemetse Motumise, for suggesting that a culture where some posts seem to be reserved for certain people is taking root in the country. He said the remarks were misguided because there are routine consultations to provide proposed names of judges for consideration.
