Mmegi Online :: LSB condemns Khama’s actions
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Last Updated
Friday 17 November 2017, 19:00 pm.
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LSB condemns Khama’s actions

The Law Society of Botswana (LSB) says there is nothing to celebrate by the recent announcement that President Ian Khama has decided to appoint Omphemetse Motumise Judge of the High Court.
By Goitsemodimo Kaelo Fri 08 Sep 2017, 17:14 pm (GMT +2)
Mmegi Online :: LSB condemns Khama’s actions








The LSB says this is because it took the President four months to act in accordance with the Court of Appeal (CoA) judgement that ruled that Motumise must be appointed a High Court judge.

In April this year, CoA Judge Isaac Lesetedi ruled that Khama was not entitled to turn down the recommendation of the Judicial Service Commission (JSC) to appoint Motumise judge of the High Court in 2015. The LSB and Motumise had appealed the matter after a panel of Justices: Singh Walia, Abednego Tafa and Phadi Solomon dismissed the application last year.

In a statement released yesterday, the LSB stated that this has been long coming and is not cause for celebration. “It took up to four months for the President to realise that he is not above the law and that the concept of the Rule of Law requires him to act in accordance with the judgement of the Court of Appeal. Whether he agrees with it or not is irrelevant,” said LSB in the statement.

 The LSB expressed grave concern that it had to resort to issuing a Statutory Notice indicating its intention to make an application to compel the President to act in accordance with the judgement of the CoA. It said the Monday announcement came after the expiry of the 30-day period of Notice and when the

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application was ready to be filed. “This shows just how much the President does not believe he is bound by pronouncements of the courts.”

 The LSB was also unimpressed by “the disparaging and likely defamatory remarks made by the Minister in relation to Motumise and which he attributed to the President”.

When announcing Motumise’s appointment, the Minister of Defence, Justice and Security, Shaw Kgathi said the President had after investigation found that Motumise is not fit for duty and is not “suitable” to be appointed to the bench. This, it said affects his character and integrity as well as demeaning.

“It is further demeaning on the person of Mr. Motumise that he had no prior knowledge of this announcement and has to date not received any document confirming the announcement by the Minister”.

Meanwhile, the LSB also commented on the reports that the Attorney General, Abraham Keetshabe has given assurance to the Executive that none of them will be prosecuted whilst he holds office.

“Such alleged assurance, if ever it was given, would run afoul of all deeply cherished precepts of the Rule of Law and equality before the law. Such assurance, which may likely never have been given, would indicate a dearth of propriety that would render the Attorney General not ‘suitable’ to hold the office or indeed ‘fit’ for duty.”

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