Boko’s judicial ‘headhunting’ irks LSB
Mpho Mokwape | Tuesday December 9, 2025 07:57
In a recent formal notice to the Attorney General, the Society accused the Judicial Service Commission (JSC) of breaking its own practice by skipping an open and competitive process.
The LSB says the appointment, announced by the Office of the President on November 8, was made without any advertisement, without a call for applications, and without giving the legal profession a chance to compete for the post.
“This is not a small mistake; it is a direct attack on the principle that judges must be chosen transparently and fairly. The legal community was left stunned because, for years, the system has been clear: when a vacancy opens on the High Court bench, the JSC must advertise it. Lawyers submit applications, the JSC reviews them, and only then does the Commission send its recommendation to the President,” reads the statutory notice.
The Society argues that it has been the closest thing to a guarantee that the process is clean and not influenced by political connections, noting that even the Chief Justice reportedly reaffirmed this procedure to the LSB in June this year, emphasising that only those who respond to adverts will be considered.
The LSB says it was blindsided by the Abram's appointment, as there was no advertisement published, even though it expected one and had been assured that one would be issued when a High Court vacancy arose.
Instead, LSB says the appointment came out of the blue, with no warning, no competition, and no opportunity for the rest of the profession to participate.
“This 'secretive and selective' approach is nothing short of headhunting, and headhunting undermines the entire justice system. Headhunting is dangerous because it chips away at the public’s belief that judges are selected fairly,” argues LSB.
The Society pointed out that when appointments happen behind closed doors, people begin to wonder whether the decisions are political, sending a message that certain individuals are favoured, or if the future of the courts is being shaped by a small elite instead of by open competition.
It says even the perception of bias is enough to damage the credibility of the judiciary, and once that credibility is lost, warning that once lost, the judiciary loses its moral authority and the country's strong pillars of democracy are threatened.
The LSB’s notice also argues that an unadvertised appointment deprives other lawyers of a fair chance, despite Botswana with a pool of qualified, experienced, and capable legal practitioners worthy of the bench.
“By cutting out the advertisement process, the JSC effectively shut the door on every potential applicant except one. This is not only unfair, but it is also unconstitutional in spirit, if not in direct text, because it contradicts basic principles of openness and accountability,” said LSB.
The Society’s letter signals that the matter is far from over. If no satisfactory action is taken in 30 days, the LSB intends to lodge a formal court application, seeking a review and the JSC’s recommendation and the President’s appointment, set aside.
The Society also wants an assurance that Abram will not be sworn in until the case is heard, and if that assurance is refused, the LSB expects to seek an urgent interdict.
The LSB's message to the JSC and the Presidency is that headhunting undermines justice, and they will not allow that to become the new normal. The latest development arises at a delicate moment for Botswana’s justice system as public trust in the courts has been under pressure in recent years, with complaints about slow appointments, lack of diversity, and limited transparency.
The legal fraternity has repeatedly urged the JSC to modernise its processes, to show more openness and transparency in the selection of judges. They have, for a long time, questioned whether the system is fair to other legal practitioners and lawyers outside the “inner circle.” The LSB says the nation need reassurance that the judiciary is chosen on merit, not through connections and believes the stakes in this case are so high.
If the Abram appointment stands, the Society fears that it will normalise unprocedural processes. “Once that happens, future appointments may be made without ever giving the public or the profession a chance to see how or why someone has been chosen,” said Society.
“The LSB is of the view that the appointment of Abram did not follow the procedure as no advertisement was made for the position, rendering her appointment unlawful for breach of a long-standing practice and procedure that is consistent with established constitutional principles of transparency in the appointment of judicial officers,” further reads the notice.
The relief that the Society will seek is as follows:
*An order reviewing and setting aside the recommendation of the JSC for the appointment of Abram; *An order reviewing and setting aside the decision of the President appointing Abram as High Court Judge. *An order for further and/or alternative reliefs.
“Unless shorter service is accepted, we will, at the expiry of 30 days from receipt of this notice, file an application before the High Court for the reliefs sought herein. This letter serves as notice in terms of section 4 of the State Proceedings Act,” states the notice.
The Society concluded in its notice that it further demands an undertaking from AG that Mmako Abram shall not be sworn in as Judge of the High Court pending the determination of the review.
Reached for comment the recently sworn in AG, Dick Bayford said the ball is now in the LSB’s court to restate their position, because the issues raised in their notice have already been overtaken by events. He pointed out that the LSB wanted Abram not to be sworn in, yet she has already taken the oath and started work. “We will wait to know their position since the events have been overtaken by time. Abram has already taken her position as a judge but their main argument is that she is not to be sworn in so the ball is in their court,” said Bayford. He added that his official duties begin in February, and since this is a public matter, he will keep the public updated. For now, he will meet with the attorneys handling the case to get a full briefing.