Chief Justice under scrutiny
Mpho Mokwape | Monday February 7, 2022 06:00
The Law Society of Botswana (LSB) chairperson, Tshekiso Tshekiso said as it stands, the law does not empower the Chief Justice to handpick judges to adjudicate over any matter. “We encourage the office of the Chief Justice to do all within its power under the law to allay legal practitioners' and litigants' concerns about judge shopping and to safeguard the much needed independence of the judiciary,” Tshekiso said.
He explained that as it appeared in recent times, the attention to the Chief Justice was drawn and attracted to cases according to the stature of litigants and calibre of judges allocated by the case allocation system. Tshekiso pointed out that in the past year, as the Society they witnessed an outcry from various sectors of public and some litigants over the appointment of judges by the Chief Justice to adjudicate over cases he considered to be of public importance to warrant the empanelment of more than one judge. “The controversial and ugly concept of judge shopping reared its head again as it did in the past. The case allocation system should remain in place to allow transparency,” he said.
On other issues regarding the legal fraternity, the Directorate of Intelligence and Security (DIS)’s hold on power also came under scrutiny as the LSB reckons the agency continues to operate above the law. The LSB said other law enforcement agencies are helpless as the DIS seems to have usurped their mandate adding that there should be a clear line and definition of roles of all law enforcement agencies which have been created especially for certain purposes. “The DIS should not be allowed to assume the powers of the police when it comes to investigations of criminal offences and DCEC when it comes to investigation of corruption or PPADB when it comes to adjudication of tenders,” said Tshekiso.
The chairperson further pointed out that it was even more concerning when the DIS now assumes the constitutional powers of DPP to prosecute and that the nation was concerned by the sweeping powers the agency seemed to hold and exercise with impunity. Meanwhile, on the constitutional review chaired by former Chief Justice, Maruping Dibotelo, the LSB acknowledged the move saying it affords the nation an opportunity to adopt a citizen driven Constitution.
He said the process would lead to the adoption of the Constitution that would represent the aspirations of all its citizens as compared to the current one, which has been regarded in many quarters as a product of colonialism. “The Society is concerned, however, that the sacred process of the renewal of our Constitution was started without consultation and involvement of key stakeholders, including the civil society, on its suitability and those to drive it,” Tshekiso said.