Molokomme welcomes decision on forum shopping

Isaiah Morewagae | Thursday February 6, 2014 16:52

 

Speaking at the opening of the legal year, Molokomme implored stakeholders to work together to stamp out this undesirable practice of forum shopping.

'It would also be remiss of me if I did not comment on a topical subject to which your Lordship referred that of forum shopping. I respectfully agree with you that this is a matter of grave concern and wish to state in an open court that government lawyers are under no instruction to engage in this unacceptable practice,' Molokomme said.

She added that expectations are that all judicial officers are to be independent and impartial and administer the law in accordance with the constitutional oath of their office. Molokomme was concerned that to do otherwise, would be to undermine the integrity and proud tradition that the Botswana judiciary has established over the years.

'We therefore welcome your lordship’s efforts to amend rules of court to eliminate forum shopping, and I join your call to all stakeholders to stamp out this undesirable practice,' Molokomme said.

Molokomme also stated that they were in the process of introducing an amended Legal Practitioners Act which will enable non-profit organisations to establish law clinics certified by Law Society of Botswana.

She said both Legal Aid Act and Legal Practitioner (Amendment) were enacted in 2013 and were assented to President Ian Khama in October and November last year.

She said they were making good progress on the drafting of the Legal Aid Regulations, which will facilitate the commencement of the Legal Aid and the transformation of Legal Aid Botswana in to an independent statutory body.

Molokomme also welcomed commitment that judges will adhere to the three months period for delivery of reserved judgments. She stressed that the initiative will come as a great relief from litigants who have waited for many months and in some cases years to obtain finality to their matters.

'I am sure Batswana who live in areas further away from existing facilities will also be pleased to hear about your (Chief Justice) plans to have established courts in their areas this legal year. This will surely go a long way in complementing wider government efforts to take more services to more people in our vast country,' Molokomme said.