CoA orders judge to provide full reasons for past decision

Mpho Mokwape | Wednesday September 3, 2025 10:08

 

The order by the CoA comes after an appeal was filed, and Justice Moesi reportedly refused to give reasons. PIC MORERI SEJAKGOMO

The case involves Major Gaenamele Baitsemi, a former officer in the Botswana Defence Force (BDF), who successfully challenged disciplinary action taken against him by the army, where on December 8, 2023, Justice Moesi issued a spoken ruling that declared several BDF decisions against Baitsemi legally invalid without giving full reasons.

At the time of that ruling, the judge stated that full written reasons would be provided if any party filed an appeal and properly notified the court, as required under the High Court Rules.

In the judgment by the bench of justices, the late Singh Walia, Baaitse Nkabinde, and Michael Leburu found that the judge had erred in refusing to provide reasons. Justice Walia said under High Court Rules, a judge must provide full written reasons when an appeal is filed, regardless of whether the appeal was filed correctly.

'Providing reasons is essential to judicial transparency. It allows parties to understand the outcome, informs future cases, and ensures accountability in the legal system,' he said.

Additionally, the court set aside Justice Moesi’s February 2024 order that declined to give reasons and directed him to deliver his written reasons within 30 court days, and the case has returned to the High Court for Justice Moesi to comply with the order.

Meanwhile, the order by the CoA comes after an appeal was filed, and Justice Moesi reportedly refused to give reasons. The case facts are that on December 20, 2023, the Attorney General and others filed an appeal, and also Baitsemi’s lawyers wrote to the Registrar, requesting the judge’s full reasons.

However, on February 27, 2024, Justice Moesi declined to give them, arguing that the appeal did not meet procedural requirements, which forced the AG to approach the higher court for redress.