The judicial war
Mpho Mokwape | Monday September 5, 2022 06:00
The CJ who has filed an ex-parte application seeking the release of audio recordings from Mascom Wireless Botswana regarding the alleged communication he had with Justice Ketlogetswe says he wants to demonstrate that he was never involved in such allegations.
He, however, says because of the verbal nature of the discussions, it is judge Ketlogetswe’s word against his.
Justice Rannowane’s application is precipitated by allegations that he and Minister of State President Kabo Morwaeng wanted to influence Justice Ketlogetswe to rule against Member of Parliament Thapelo Matsheka’s detention.
Matsheka was at the time fighting for his release from the Directorate of Intelligence and Security’s (DIS) custody after he was arrested and detained in relation to the murder of seven-year-old Lobatse boy, Tlotso Karema.
In his founding affidavit, the CJ says during the dates of August 5 to 7, 2022 inclusive, he had a telephonic discussion with judge Ketlogetswe regarding a matter in which he (Ketlogetswe) was the substantive judge seized with the matter.
“The telephone discussions, which are the subject matter of this application were initiated by judge Ketlogetswe and where I could not take his call, I then telephoned him back. The telephone calls which occurred between me and judge Ketlogetswe were made from my cellular telephone to judge Ketlogetswe’s cellular telephone,” he said.
He explained that Ketlogetswe has alleged that during the mentioned telephone discussions he attempted to compromise him or his professional integrity in relation to the matter in which he was the substantive judge.
The CJ pointed out that particularly being alleged is that he attempted to meddle in the matter that was being handled by Ketlogetswe and interfere with his judicial independence.
“This, I deny. Following the above-mentioned allegations, judge Ketlogetswe has now reported me to His Excellency, the President,” he said.
He said in addition the allegations made against him by judge Ketlogetswe have now become the subject of, at least one front-page newspaper article.
Chief Justice Rannowane has submitted that the only way he can demonstrate that he did not compromise or attempt to do with Justice Ketlogetswe or interfere with the decision which he was called upon to make was through obtaining a copy of audio recordings of the telephone discussions or a transcript of those discussions.
He emphasised that as a result when he learned of the allegations being made by judge Ketlogetswe against him, he approached Mascom Wireless (in the person of Boago Nkwe) and requested that he be provided with a copy of any and all recordings of the telephone discussions between him and Ketlogetswe over the period of August 5 to 7, 2022.
“However, Boago Nkwe informed me that Mascom could only release a copy of the recordings of the telephone discussions between me and Ketlogetswe or any transcript upon being provided with a court order authorising and directing Mascom Wireless to release the audio recordings or a transcript thereof to me,” he said.
In his notice of motion, Rannowane wants a court order directing, authorising, and ordering Mascom Wireless to provide him with a copy of any and all audio recordings of telephone calls he made to Ketlogetswe within seven days.
He also wants a printout of his calls and message records detailing any and all calls and messages made to and from his cellphone on those days mentioned, in the event that audio recordings or transcripts are not available.
In conclusion, he wants to be granted any further or alternative relief as the court may deem fit.