Komboni halts Rannowane in his tracks
Goitsemodimo Kaelo | Monday November 28, 2022 06:00
This followed a case in which Komboni had launched an interdict challenging his transfer to another work extension, the Francistown High Court. It is said that Rannowane had attempted to move the case to Gaborone High Court and appointed Justices Dr Godfrey Radijeng, Tshegofatso Mogomotsi and Ookeditse Maphakwane to preside over the matter in a decision that Komboni likened to forum shopping.
This prompted him (Komboni) to launch the latest proceedings. This week, Maun High court judge, Jusitce Professor Bugalo Maripe ruled in his favour, interdicted and restrained the chief justice from executing his decision to transfer the case to Gaborone High Court.
In a interim order returnable on December 1, the court declared that the decision to transfer the case No. UAHMN-000032-22 to Gaborone undermines judicial independence and is inconsistent with Section 10 (9) of the Constitution.
The court ordered that its decision will remain in force temporarily until final determination of the application. The respondents have been ordered to file their opposing papers to the application today while the applicant shall file his, if any, by November 29. By consent order, the parties also agreed that the main application shall be called on December 1, 2022.
In his urgent application, Komboni had said he wanted to stop the implementation of this transfer and empanelment in the process to protect his rights. He said judicial independence is the cornerstone of any democracy.
Komboni had argued that Rannowane’s assault on judicial independence requires the court’s immediate intervention in order to vindicate the rule of law. The judge said judicial independence can only be protected effectively by means of interdict because there is no meaningful redress in due course available to him from the injustice that arises from this unilateral decision.
“The violation of my rights in respect of the principles of law and laid down procedures for the impugned decision to transfer the matter to Gaborone to be heard by the Chief Justice’s preferred choice of judges in of itself establishes the urgency,” he said.
Komboni also argued that the manner of selection of judges raises eyebrows, is capricious and it is not based on seniority. He argued that the only conclusion that could be drawn from this selection criterion is that the Chief Justice wanted judges that he trusts to preside over the matter and deliver for him.
The matter returns to court on December 1, 2022.