Bamalete ruling ‘absolves’ Judiciary
Innocent Selatlhwa | Monday March 13, 2023 06:00
Kgosi Mosadi shared that Masisi declared to her that he has the power to meddle with the judiciary.
Despite denial by government, Bamalete waited for the ruling with limited faith as they believed the President, who has been fingered for meddling in various judicial matters, would decide their fate.
“It is my word against his (President Mokgweetsi Masisi's) but I am telling the truth. I wouldn’t dare make such statements about the First Citizen knowing very well they are false. I have had sleepless nights since our meeting and I wonder how he sleeps at night?" This was the declaration Kgosi Mosadi, who had a mouthful to share from her apparent meeting with Masisi, made last year.
Kgosi Mosadi exposed Masisi’s 'meddling' hand in the affairs of the land saying she will never keep quiet or be part of the ‘never mind’ ilk just to save her skin. Laying down her surprise meeting with the President at the State House, Kgosi Mosadi shared that in July 2021 their victory at the High Court was short-lived as she received a call from the area Member of Parliament (MP) Lefoko Moagi telling her that he had been sent by President Masisi that they should come to State House.
Kgosi Mosadi said she was surprised to hear what all Masisi said to her about not taking the farm while that same week on July 4, she received court summons from the Attorney General and the Malete Land Board, in which they wanted the Title Deed through an appeal to the CoA. “Masisi assured me that he knew that I received those papers and asked if I had read them. Since I did not, due to time, he asked that I ask my attorney to read them for me and since I did not read the papers, I didn’t dispute that they were not taking the Farm,” she said.
Kgosi Mosadi shocked the press when she revealed that what followed were the words, “The judges who handled the case were mischievous,” and pointed out that was the reason why they were appealing. She said she was also shocked because she thought or knew that the judges did their job diligently and did not understand why it was said they were being mischievous.
As if that was not enough, she emphasised that Masisi then said to her that they will take the land and later return it to them through his own writing, which she had to question what he meant since the case was still pending before the courts of law and has not been decided. “It was then that Kgosi Mosadi asked the President how can she trust him and further asked a question of how does the President know which direction the case was going to take and he said ‘nyaa ke buile le di judge (No, I have spoken to the judges) and I was told to think what I will say to the tribe since it is their land not mine,” she said.
The Office of the President through a press release vehemently denied Kgosi Mosadi’s account of events stating that Masisi is fully aware that the matter is before court and has a strong commitment to respect the independence of the judiciary as enshrined in the Constitution of Botswana. “The office of the President does not normally comment on cases which are sub judice but in this case there are compelling reasons to respond to these serious allegations which are baseless, misleading and devoid of truth,” Permanent Secretary, Botswana Government Communications and Information Systems John-Thomas Dipowe wrote.
Ramotswa Constituency legislator Lefoko Moagi shied away from fielding any media questions on the truth though he was reportedly the man to make the meeting between Masisi and Kgosi Mosadi to happen.
Kgosi Mosadi’s revelations came at a time when Masisi had multiple fingers pointing at him accusing him of meddling with the judiciary. The Bamalete victory gives a glimpse of hope that all is not lost and that the judiciary could still be trusted.
Recently at the opening of the legal year, the chairperson of the Law Society of Botswana (LSB), Osego Garebamono said the Society and indeed Batswana in general are deeply concerned about the deteriorating state of the Judiciary. He said the recent complaint and allegations made by a judge (Justice Gaopalelwe Ketlogetswe) to the effect that the Chief Justice and a Minister in the office of the Presidency (Kabo Morwaeng) sought to influence his decisions in a particular case which he was seized with are worrisome, to put it mildly.
“What is also worrisome to us is how the complaint was handled by the Office of the President and the Judicial Service Commission, as, in our view, it was not accorded the attention it deserved within the shortest period of time. In terms of our Constitution, the Presidency and the Judicial Service Commission bear a responsibility to protect the Judiciary and we believe that delays in providing this protection are damaging to the reputation of the institution.
“The allegations that confront the Judiciary cannot be ignored because they speak to the core of our belief that the Judiciary should not only be free from influence but also be seen to be free from such influence,” Garebamono said.
As part of efforts to limit damage to the institution, Garebamono said the Society reached out to various stakeholders last year including the Office of the President and the Attorney General. He, however, said their outreach came to naught.
Still at the event, Chief Justice Terrence Rannowane and the Attorney General, Advocate Abraham Keetshabe admitted that things have not been going well. Rannowane said the Judiciary has in the last few years seen an unprecedented increase in attacks on its officers. The attacks, he said, have happened in the glare of the public and some through coordinated social media platforms.
“The social media attacks have been the worst kind because they have been perpetrated by individuals using pseudo accounts and who are beyond the reach of the law. In some instances, some individuals often claim to know the outcome of judgements even before they are read out. These unwarranted attacks under the false guise of whistle blowing have targeted judges of both the High Court and the CoA. These attacks undermine and compromise the rule of law and the country’s standing internationally and must in any democracy be frowned upon,” he said, further advising that the country is not to worry as the legal system would deal with them accordingly.
Chief government attorney, Keetshabe, said the storm that hit the Judiciary is temporary. “The least that should be said is that the Judiciary is going through a storm. Naturally, there is turbulence. It is true to say that a door opens so that it can close; darkness comes so that light can come; the sun sets so that it can rise. It logically follows that this turbulence is the passage-way to stability. The point is that after every storm it is time for calmness,” he said.