Advert for judges' posts around the corner

OLIVER MODISE
Correspondent | Wednesday June 17, 2009 00:00

 

This comes three months after President Ian Khama turned down the JSC's recommendation of appointing three judges to the High Court in its first ever advertised judges posts.

In the past, the President, on the recommendation of the JSC, appointed judges. The process was criticised for lack of transparency. Now, the new method requires advertising for the available positions after which the applicants are interviewed.

In the previous case, Khama rejected the confirmation of acting High Court judge, Gabriel Rwelengera, as a full time judge. Khama also rejected the appointment of parliamentary counsel, Lizo Ngcongco, and Francistown lawyer, Gabriel Komboni, as acting High Court judges.

The three had all been interviewed by the JSC in a recruitment exercise that involved seven candidates who were vying for three posts.

University of Botswana law lecturers, Dr Onkemetse Tshosa, Kabelo Lebotse and acting judge, Terrence Rannowane, were some of the people interviewed for the posts.Although no reasons were advanced as to why Khama rejected the appointments, it is understood that he directed that the Administration of Justice should re-advertise the positions.

In an interview, Nthomiwa, who is also the Registrar and Master of the High Court, revealed that the JSC met on June 4 this year and 'directed' that the posts be advertised.

'I am in the process of advertising the posts,' said Nthomiwa.Nthomiwa also stated that he was not in a position to reveal how many posts would be advertised.

In a separate interview, law society chairman, Tebogo Sebego, said that the LSB welcomes the overdue announcement that the judges' posts will be advertised.He said that although it was regrettable that President Khama had rejected the names recommended to him, the LSB calls for more transparency in the appointment process.

He said that advertising the posts, as well as interviews by a panel of JSC members, was a good starting point. 'As we go along, the whole process must be improved to be more transparent,' he said.Sebego also said he wondered whether the JSC will do its task properly were it compelled to recommend the same candidates that were rejected by Khama.'My wish is that they should be able to exercise their judgments without fear that their recommendations will be rejected,' he said

He said the LSB council will meet today to grapple with the issue of appointment of judges, expecting to also make recommendations to the JSC.Legal commentators believe that public interviews by a select committee of parliament will give greater credibility to the appointment process.