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Boko calls for judicial reforms to uphold human rights

President Boko. PIC MORERI SEJAKGOMO
 
President Boko. PIC MORERI SEJAKGOMO

Speaking this week at the opening of the Judicial Conference held in Palapye, Boko said the judiciary must urgently review its operations to ensure they are more accessible, efficient, and user-friendly.

The three-day gathering, themed 'Upholding Human Rights Through Judicial Reforms and Accountability,' had brought together judges, legal practitioners, academics, and policymakers to explore solutions for a more responsive and inclusive justice system.

“We are at a point where we need to review our processes and procedures to make them more user-friendly and more accessible. They must not shut out people from justice. Everything in the power of the judge must be done to accommodate a person, appreciating also that it is costly,” Boko said.

Boko urged the judiciary to approach matters through a constitutional lens and intensify its engagement with jurisprudence, legal principles, and constitutional law. He suggested that the proposed establishment of a constitutional court could support these efforts.

“The justice system should take on the responsibility of re-engineering society. This burden rests with judges, and I urge them to discharge this function with humility, erudition, prodigious learning, and wisdom,” he said.

The Judicial Conference is seen as a pivotal platform to chart the way forward for Botswana’s legal system. Discussions will centre on the establishment of a constitutional court, judicial accountability, and structural reforms within the magistracy and registry divisions.

For his part, Chief Justice Gaolapelwe Ketlogetswe highlighted backlogs and structural constraints, stating that the judiciary is determined to initiate meaningful reforms, in line with the conference theme. He warned that the failure to implement reforms would inevitably lead to delays in the delivery of justice, a challenge the judiciary is resolute to confront.

Ketlogetswe emphasised the need for the judiciary to remain accountable to the public, ensuring that justice is not only served but also perceived to be accessible by all, including non-citizens.

“The judiciary must look at how well it serves the ordinary person, both citizens and non-citizens. We are looking at reforms such as the establishment of a constitutional court, restructuring of the registry, and the reorganization of the magistrates’ courts,” he said.

He explained that some magistrates are unable to efficiently process cases due to limitations in their jurisdiction, a matter they aim to address by upgrading the grading system, similar to the structure at the High Court, to expand the scope of cases magistrates can preside over.

“In that way, we will have more magistrates able to handle a wider variety of cases, helping to address the current backlog of cases, which is a serious concern,” he added.

In a bid to decentralise the judiciary and bring it closer to the people, Ketlogetswe announced the establishment of a new High Court Division in Mahalapye, expected to begin operations in November this year.

Despite financial constraints facing the country, he revealed that judges have volunteered to forgo their leave days to support this initiative.

“We have raised roughly P2.1 million, which will be used to acquire porta-cabins. We are hopeful that this new court will be up and running by November,” said the Chief Justice.

Meanwhile, Ketlogetswe also used the occasion to congratulate the newly appointed judges, including three judges to the Court of Appeal and six others to the High Court. He expressed particular pride in the public nature of this year’s ceremony, which he said was historic.

“For the first time, the proceedings are being conducted publicly, in the presence of a large gathering of judicial officers and other key stakeholders. This signifies our commitment to openness and engagement with the public,” he said.

As the three-day conference just ended, the legal fraternity is expected to have deliberated on a broad range of issues, with emphasis on reforming the judiciary to better reflect the principles of human rights, transparency, and accountability.