Keorapetse challenges recent judge appointments
Pini Bothoko | Tuesday April 5, 2022 06:00
He recently tabled a question before Parliament asking Vice President Slumber Tsogwane if President Mokgweetsi Masisi’s decision in appointing the recent judges was in line with his oath to respect, protect and defend the Constitution.
“The appointment of judges is important in maintaining judicial integrity, independence and public confidence in the Judiciary,” Keorapetse said.
He stated that the principle of the independence of the Judiciary seeks to ensure the freedom of judges to administer justice impartially, without any fear or favour.
Equally, Keorapetse argued that the appointment of judges is an important aspect of judicial independence which requires that in administering justice, judges should be free from all sorts of direct or indirect interference or influence.
The legislator also wanted to know if the recently appointed Chief Justice (CJ) and the President of the Court of Appeal (CoA) were the most senior on the bench, most qualified and most productive in the sense of delivering sound judgments speedily.
“Specifically, I want to know why Justices Abednego Tafa and Isaac Lesetedi were overlooked for the CJ and President of CoA respectively. Was it because they are not experienced enough, incompetent, not qualified or it is because of some other irrelevant consideration prohibited by Section 15 of the Constitution?” Keorapetse asked.
He said Section 15 prohibits discrimination based on amongst other things, political opinion and tribal grounds.
Keorapetse challenged Tsogwane to explain whether the President in appointing either CJ or the President of CoA did not find it important to consult with at least leaders of the parties of the parties represented in Parliament and the Judicial Service Commission (JSC).
“The main concern is that the CoA is a public institution that operates secretly. Unlike the High Court it does not advertise vacancies that occur and interview applicants it would seem. This is serious because transparency and openness of selection of judges reinforce merit and independence of judges and the Judiciary as an institution,” he said.
Furthermore, he stated that the Judiciary, whose judges are appointed not on merit but partisan or political considerations eventually become lapdogs of the Executive and lack credibility amongst the people.
In response to the legislator’s question, Tsogwane said the appointment of the CJ and President of CoA are executive appointment, which does not involve the JSC.
Tsogwane stated that the JSC is empowered by Section 103(5) of the Constitution to regulate its own procedure, and this procedure is adapted from time to time to enhance its effectiveness.
“In December 2018, the JSC introduced the new appointment procedure being an annual advertised call for expressions of interest to encourage prominent and outstanding lawyers to indicate their willingness to serve on the bench, if available when a vacancy occurs. The JSC considers that if a candidate does not wish to be transparent in all respects, then his or her appointment would not be safe,” he said.
Tsogwane further stated that judicial appointments are very important and care must be taken in the public’s interest to ensure that only those whose professional and private lives are above reproach and who are outstanding performers are appointed.
“The review of the Constitution should be able to bring about the progressive change while building on the successes and strengthening some of the emerging gaps,” he said.