Mmegi Online :: JSC recommends Radijeng to replace Walia
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Last Updated
Tuesday 23 May 2017, 16:49 pm.
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JSC recommends Radijeng to replace Walia

The Judicial Service Commission (JSC) has recommended the appointment of acting Justice Godfrey Radijeng for the post of judge of the High Court, sources close to the JSC confirmed to Mmegi.
By Oarabile Mosikare Tue 20 Dec 2016, 16:02 pm (GMT +2)
Mmegi Online :: JSC recommends Radijeng to replace Walia








The Lobatse High Court based Radijeng will replace Justice Singh Walia who has reached the retirement age of 70 and whose contract ends December 31, 2016. However, Walia will stay on for a further six months to complete his part heard matters.

Four candidates, Radijeng, Tendekani Malebeswa, Odirile Otto Itumeleng and Thato Mujaji were interviewed by the JSC on December 7, 2016. Radijeng topped the candidates followed by Malebeswa. Itumeleng and Mujaji had a tie for position three. Therefore, the JSC will recommend Radijeng to President Ian Khama in terms of Section 96 (2) of the Constitution.

Section 96 (2) of the Constitution provides as follows: “The other judges of the High Court shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.” In the past Khama refused to appoint the JSC

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recommended candidates, which resulted in veteran lawyer Omphemetse Motumise, and Law Society of Botswana (LSB) challenging the President’s powers not to act on the JSC’s recommendation. A panel of three judges dismissed the case and the matter is to be heard by the Court of Appeal sitting in January 2017.

Mmegi understands that the LSB’s representative in the JSC, attorney Gabriel Komboni had to recuse himself in respect of Malebeswa’s interview, as they are personal friends.

The Attorney General Athaliah Molokomme also recused herself during Mujaji’s interview on account of the fact that Mujaji works for the Attorney General’s Chambers. Last month the JSC secretary Michael Motlhabi refused to discuss the issue of the short-listed candidates and the interviews. Motlhabi said the proceedings of the JSC are confidential and “as such I am unable to comment”.

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