LSB queries judges chosen for Khama case

Oarabile Mosikare | Wednesday July 8, 2015 16:15

 

The panel will comprise Justices Singh Walia, Abednico Tafa and Phadi Solomon. The dispute between the Society and Khama arose in March after the LSB learnt that the President had rejected the appointment of prominent attorney, Omphemetse Motumise to the High Court as per the Judicial Service Commission (JSC) recommendations.

Motumise is a former chairperson of the LSB and a former Independent Electoral Commission (IEC) deputy chairperson. Khama subsequently appointed Zein Kebonang as acting High Court judge. Available documents indicate that on Monday, LSB executive secretary, Tebogo Moipolai noticed the Society’s counsel that the organisation had written to the Registrar of the High Court seeking clarity on the process employed to constitute the judges’ panel.

“Since the Chief Justice is chairman of the Judicial Service Commission, a litigant in this matter, this clarification was viewed as necessary to address issues of possible conflict of interests,” wrote Moipolai. He said in his response, the Registrar, Michael Motlhabi had stated that he had been directed by the JSC to decline to answer the request, as the matter was sub-judice or under judicial consideration and therefore not open to discussion.

“The registrar was then advised that the request was not directed to him as secretary of the JSC but to the registrar in the discharge of his administrative functions.  No response has since been received.” Meanwhile, the LSB has resolved to proceed with the status quo and will not challenge the constitution of the panel.   According to documents filed by Moipolai, the concession is based on firstly “the urgent need to focus all effort on the main matter for determination” and secondly due to the fact that “a preliminary application would only serve to delay determination of the main matter”. 

The matter has thus been set down for roll call at the Gaborone High Court tomorrow (Thursday).