Giving a keynote address, Dibotelo said JP, as his colleagues within the legal fraternity fondly addressed Phumaphi, had meritoriously served 13 years as a High Court judge after leaving his career in private practice. Dibotelo said Phumaphi attained the age of 70 last year in July, but according to Section 97 of the Botswana Constitution, was permitted to continue as a judge by the President acting on the advice of the Judicial Service Commission until December 31, 2015. “This was done to enable him to complete cases, which were pending before him including the delivery of judgments as well as to finish the onerous task he was assigned to in the Kingdom of Lesotho,” said Dibotelo. Dibotelo said Phumaphi completed all cases before him timeously unlike some former judicial officers, which actions had resulted in failures of justice much to the chagrin of litigants and members of the public.
“Phumaphi is a clear example of leadership and has a sense of selfless dedication to duty. We need more of these virtues and attributes from all our judicial officers so that the public continues to have confidence in the legal and justice system,” Dibotelo said. The Chief Justice said Phumaphi attained his law degree in 1974 and was selected as inaugural chairman of the Law Society of Botswana (LSB) in 1996, a role he performed until 2000. “As was the hallowed tradition at the time, Phumaphi was approached for the High Court bench and on October 1, 2002, was appointed a judge of the High Court based in Lobatse and was later transferred to Francistown,” said Dibotelo. Phumaphi, Dibotelo said, became the judge in charge of the Francistown High Court by virtue of being the most senior judge until his retirement. “I also delegated him to supervise all the magistrates in the northern region…and now that mantle has passed onto Justice Zibani Makhwade as the most senior judge in this division,” the Chief Justice added. When the Central Kalahari Game Reserve (Roy Sesana/Basarwa case) was ready for trial, Dibotelo said the late former Chief Justice Marian Nganunu empanelled a bench of three senior judges to hear the case.
