Boko on exit (Part 2)

| Friday November 14, 2008 00:00

 

We also know that the opposition is not very strong right now. And that civil society is also very weakened to be able to protect our democratic system against these attacks. Is it not that, apart from the media, you as legal practitioners are the perhaps the last option to the citizen?

Boko: Of course, you could say that we have to play that role of protecting the sanctity of the constitution. At the centre of development is the respect for human rights, that is the beginning. Only when you uphold a people's human rights can you develop them in any tangible way. All these initiatives that government recently announced will remain meaningless to the majority of Batswana until the state adopts a human right-centred development model.

Mmegi: Even as we say that when you are riding in a combi, or a cab, you still hear Batswana openly arguing that lawyers generally are money-grabbers?

Boko: As in overcharging people?

Mmegi: No, because they are engaged in not just unethical behaviour but that some of them may even be involved in what may be termed criminal activities. What has been the role of the Botswana Law Society in helping to defend the image of the profession against this increasingly negative onslaught?

Boko: We take very seriously every instance where a legal practitioner is engaged in an activity that may bring the profession into disrepute.

At the Law Society, there are ways that we deal with unethical behaviour on the part of the practitioner. In the case of misappropriation of funds, we have systems in place where we go in and look at the books of a practice and say 'ok, these do not look well'.

'We could do it in a much better way, perhaps conduct random spot checks on offices. It would be much more useful to conduct spot checks on a random basis. I think if it was much more affordable that is how we would do it. As a voluntary organisation, we have challenges from the financial perspective.

And then let's look at the other aspect, the criminal activity. There are organs of state whose mandate is to address criminal matters. If a member of the public feels that a lawyer is engaged in such behaviour it is very easy, he/she should simply report that to the police. Once the matter has been reported then the concerned individual would be prosecuted to determine whether he is innocent or guilty.

Any practitioner who is found guilty of a crime is simply barred from practising.

But we won't suspend someone's licence on the basis that they are under investigation or being prosecuted. Everyone is presumed innocent until proven guilty and we would not want to pre-empt the court by taking action against a member before they have had their day in court.

Mmegi: But don't issues of perception matter...looking at media reports that implicate lawyers or other members of the judiciary? Let's take the recent media reports around Chief Justice Julian Nganunu. The media made an open appeal to the Law Society to get engaged in some way.

Boko: Even though such allegations are serious, we wanted to take time to react with caution.

Mmegi: Why take time? What would have been wrong with just commenting on the allegations themselves, because they are serious? Not saying the Chief Justice is guilty of this or that, but just on the significance of the allegations themselves, especially given that the Chief Justice did not deny having had a role to play in the fiasco.

Boko: As legal practitioners we tend to have a much more measured response because we are aware of the implications of commenting prematurely.

Mmegi: But maybe that is also just a form of paralysis arising from legal technicalities among you as lawyers. Some people would even argue that you were cowards, not having the guts to wade in and be part of the debate.

Boko: Perhaps the question one could also ponder could be: 'Why the delayed reaction or the timidity?' Could these people be actually dealing with people who are so vindictive as to make their lives very difficult? Our very silence may actually have been telling a big story.

Mmegi: So one could say you were intimidat

ed?

Boko: Perhaps we were.

Mmegi: Having said that, what is your opinion

of the whole fiasco?

Boko: My position is that the allegations are serious especially given that they concern such an important figure. It is important that the judiciary is seen to be of high moral and ethical standing because that ultimately is all the judiciary has. Under the circumstances that such serious allegations are made, it is important that some type of commission is instituted to investigate so as to clear the officer concerned.

Mmegi: But that can only be convened by the

president.

Boko: Of course. But if I were the individual concerned, I would make sure such proceedings are instituted to clear my name and prove to everyone that I am clean.