LSB, Motumise case wrongly decided

President Ian Khama has rejected the recommendation of Motumise to the bench
President Ian Khama has rejected the recommendation of Motumise to the bench

While i join ranks with those who agree that the court in the LSB & Motumise matter rightly held that the president is the appointing authority i disagree that his decision was not irrational.

Firstly, the court, did not refer to the rudimentary tenet of construction, to wit, that constitutional provisions must be given a broad, wide and generous interpretation( see the Dow Case), obviously in view of the fact that a constitution like ours is an organic instrument which must constantly grow and evolve with the ever varying circumstances of the society(modern).

Premised on this canon of construction, i expected the court to give section 96(2) a wide interpretation which would include that where an appointing authority is vested with powers such as to appoint judges in our scenario and it decides to reject a recommended candidate it must furnish reasons for such outright rejection.

Editor's Comment
Congratulations Anicia Gaothuse!

The contest had 10 beautiful young girls as finalists and unfortunately only one could wear the crown.The judges picked Anicia Gaothuse. To all those who feel their contestant should have won ahead of Anicia for whatever reason, hardly; the judges found Anicia to be the best among the best, so desist from disrespecting our newly crowned queen on social media or anywhere else, for that matter! Each of the 10 beautiful young women had supporters...

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