Khama must implement Motumise judgement

This positive result challenged Khama’s 2015 decision to refuse to appoint veteran attorney, Omphemetse Motumise as High Court judge, which was a decision supported by three judges in last year’s ruling. LSB and Motumise argued that Khama acted irrationally when he reserved reasons for refusing the JSC recommendation to appoint the latter. But the panel of Judges said the President committed no reviewable wrong in making the decision.

The judgement read: “President too enjoys absolute and some tempered powers. There is another reason why Section 96 (2) may not be construed as vesting the ultimate power of appointment in the JSC. Having made a recommendation, it falls out of the picture together. How can it be regarded as the appointing authority”.