No money, no justice � Dibotelo warns
Mpho Mokwape | Wednesday February 4, 2015 12:09
In his address, the The Chief Justice (CJ) effectively described Botswana’s Judiciary as virtually bedridden and hence failing to efficiently disperse justice.
Dibotelo said the Judiciary was so financially starved that time and again it had to halt cases because the courts could not even pay witnesses their allowances and other expenses.
“Funding for the Judiciary in Botswana continues to be a challenge. Every year the Judiciary runs out of funding towards the end of the financial year resulting in cases being halted due to courts’ inability to pay witnesses’ allowances, pro deo fees, travelling and subsistence allowances for judicial officers and support staff,” he said.
He pointed out that this in turn impacted and seriously compromised on the adjudication of cases within a reasonable time, resulting in applications for dismissal of cases and delays in prosecution.
He added that it also impacted on the constitutional rights of the accused persons, especially those held in custody, as that would mean they would not be heard.
Dibotelo explained that limitations in the budget allocations through the annual budget ceilings, was increasingly having a serious impact on the ability of the Judiciary to operate effectively and efficiently.
“Whilst at times it is a prudent financial management on the part of the government and cannot be avoided at times, historically in my view, the Judiciary had always been under-resourced and this hasn’t changed for years. “It is common knowledge that the development and capacitating of the Judiciary in the country was from the beginning not robust as that of other arms of the government,” he said.
Dibotelo said it was time for the provision of sufficient and suitable funding, which would enable the Judiciary to perform its functions to the highest standards and help the country maintain democracy and the rule of law.
“Governments come and go but institutions remain. To this extent the government should start laying the foundation of a truly independent Judiciary, which Batswana can be proud of.
“Botswana, one of the early democracies in the region and a leader in the Rule of Law, cannot afford to lag behind and be overtaken by new comers simply because of lack of funding,” he said.
He further said the Judiciary’s intention was to catch up with the more mature institutions in the country, which have in the past had the benefit and opportunity of massive growth, which at times was not extended to the Administration of Justice.
Dibotelo said the manner in which the Judiciary was funded should be improved by means of taking a bold decision that would go a long way in enhancing public and international confidence on the independence of the country’s Judiciary.