‘A captured judiciary’

Mmegi Editor | Monday November 22, 2021 06:00

These three key factors help in maintaining public trust in the judiciary, but if they are constantly questioned then trust and faith will eventually disappear subsequently threatening the confidence in the rule of law.

The judiciary in Botswana has been the talk of the town in the past with many questioning the way things are done and whether the public could still maintain trust in the system.

Lately, fear that the public has been experiencing regarding the independence, integrity and impartiality of the judicial system seems to be playing out more now than ever before, as per the reactions of the public in recent times.

Not only is the public fearful of a captured judiciary, but also of the ever receiving justice without any compromise. Even the legal profession seems to be in the same dilemma as now the one person entrusted in keeping the status quo is the one accused of exhibiting signs of bias and division within the system.

Amongst many things, Chief Justice Terrence Rannowane has been accused of forum shopping especially in regards to the recent cases involving the former president, Ian Khama, and Isaac Kgosi.

Going by comments from members of the public and the legal profession, it may seem as though the golden days of the judiciary are gone and what remains now is a shell of its former glory.

Questions about the integrity of the judiciary, questions about independence and impartiality of the judges seem to be a constant focal point with many believing that there is a lot of influence and control by higher powers from the government.

The legal profession has for years been complaining about the secrecy when it comes to the appointment of judges. Many believe it is one of the reasons that erode the independence of the judiciary as many are hired looking at partisan interest.

The President, being tasked with appointing judges from the recommendation of the Judicial Service Commission, has been questioned as he can reject whoever is recommended fuelling speculation that he can only hire those that will serve his interests.

Lately, there has been what seems like a political war between the current rulers and the former, with the judicial being used as a fighting tool between the parties.

The public and legal profession’s outcry is getting louder and louder signalling that there is indeed a serious issue that if not addressed it will eventually cause instability in the country and threaten the security of the country.

The question is whether the judiciary is captured and it remains to be seen as things continue to unfold.

Today's thought

“The judiciary perpetuates a breath of State structure. If it fails to purify and justify itself; consequently, all of its systems, evidence a collapse. Indeed, it embraces only the destruction.”

– Ehsan Sehgal