Gov't should take lead in court order adherence

The Monitor Editor | Tuesday September 12, 2023 06:00

When a government fails in this fundamental duty, it not only undermines the principles of justice and accountability but also erodes the very trust that citizens place in their institutions.

The recent case involving the denial of an appeal by the Botswana government in the matter of Tawana Augustine Bapaphi, a Science teacher, serves as a stark reminder of the critical importance of adhering to court orders and processes. Bapaphi's legal battle for the restoration of his scarce skills allowance is a testament to the perseverance of an individual in pursuit of justice. However, it is also a reflection of the challenges citizens can face when their government fails to comply with legal rulings.

In the case at hand, Justice Goemekgabo Tebogo-Maruping of the Court of Appeal ruled against the government's attempt to appeal a High Court decision that had favoured Bapaphi. This decision was not only a victory for Bapaphi but also a reaffirmation of the principles that underpin the rule of law. Justice Tebogo-Maruping assessed government's application for appeal, exposing multiple errors and lapses in procedure, including a delay in filing, misidentification of parties, and incorrect descriptions of the nature of the application. The significance of this ruling lies not only in the restoration of Bapaphi's rights but also in the message it sends about the government's accountability. It demonstrates that no one, not even the highest echelons of power, can act with impunity when it comes to respecting the rule of law.

Furthermore, the case highlights the duty of government institutions to uphold the law. The government's failure to comply with court orders and follow legal procedures not only tarnishes its reputation but also jeopardises the integrity of the justice system itself. When citizens witness their government ignoring legal mandates, it erodes their faith in the entire judicial system, breeding mistrust. The consequences of a government's disregard for court orders and processes extend beyond individual cases.

They have the potential to set dangerous precedents, where future violations of the law become more acceptable and common. This erosion of legal norms can have a cascading effect, ultimately undermining the very foundations of a democratic society. To maintain the public's trust and safeguard the rule of law, it is imperative that governments fully commit to complying with court orders and adhering to due legal processes. Transparency, accountability, and respect for the law should be guiding principles in every government's actions. When governments lead by example, they reinforce the principles of justice and democracy and foster an environment where citizens can trust that their rights will be protected.