How can a discredited Judiciary be trusted?

Mmegi Editor | Monday September 19, 2022 06:00

Justice Ketlogetswe accused both the CJ and Morwaeng of trying to influence his decision in a case that involved Member of Parliament for Lobatse, Dr Thapelo Matsheka.

As if that was not enough, the CJ and Ketlogetswe went on a spat, involving personally mud-slinging each other in public. The character assassination exchange between the two judicial officers put our judicial system into further chaos. The spat left the public asking themselves questions over the integrity of the justice system.

They are wondering what of their rights if the system is in this state of mess. Even more shocking was the admission by the CJ that Welheminah ‘Butterfly’ Maswabi's case was the ‘worst’ he has come across in the judicial system, the more reason he guards justice jealously.

The CJ admitted that the accused was brought to court on "fabricated evidence", a matter that he said has caused untold reputational damage to the criminal justice system.

The matter in question is one in which Maswabi, a former spy agent for the Directorate of Intelligence and Security (DIS) was arrested, detained, and later charged in relation to the alleged P100 billion alleged to have disappeared from Bank of Botswana. It was later established by the courts that most of the evidence brought against her were a result of fabrications by investigating officers and she was acquitted and discharged. However, the Court of Appeal (CoA) reversed the judgement recently.

The CJ has explained that as head of the Judiciary, he gets concerned when their institutions’ professional image takes the heat. All reflects a justice system that is in a mess and crisis of the highest degree.

How should the justice system be trusted to deliver verdicts that are credible if this is how bad things are? If the CJ was aware of the fabricated evidence in the Butterfly case, what did he do, and how did he allow such a case to reach the Apex Court? It is also surprising that the justices of the CoA could not realise that the evidence was just a fabrication and went on to differ with the High Court.

What now for the Judiciary?

How do we emerge from this mess? This arm of government, whose mandate is to safeguard the rights of the people has brought shame upon itself and it is the only one that can rescue itself from this mess.

Today’s thought

“Historically, the judicial branch has often been the sole protector of the rights of minority groups against the will of the popular majority”

-Diane Watson