BOFEPUSU, opposition condemn judges� suspension
Oarabile Mosikare | Wednesday September 2, 2015 15:15
Khama suspended Justices Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang, over allegations of undermining the authority of Chief Justice Maruping Dibotelo and bringing the judiciary into disrepute.
The quartet started serving their suspensions yesterday.
BOFEPUSU deputy secretary, Ketlhalefile Motshegwa, yesterday said that the labour group is perturbed by the tussles besieging the judiciary.
“It appears that personalities and egos are at play, to the detriment of the integrity of the judiciary. Judicial function is sacred and judges are seen as noble and revered men and women of high agility,” he said.
Motshegwa said management and leadership within judiciary should conduct themselves with excellence and avoid discrediting their good standing.
“With the current happenings within our judiciary, we are compelled to conclude that there is a crisis in our judiciary. It is clear that the managerial and leadership capabilities of the CJ are being put to the test, and we are shivering with fright that things are falling apart and disintegrating before him,” he said.
Motshegwa further said that the issue at hand, which is housing allowances, could have been handled internally as it is administrative, “unless the CJ is communicating that he is not in control and therefore outsourcing his responsibilities to the police”.
“The CJ must put his house in order, while the President of the country must be cautious and avoid premature mingling in internal judicial matters and therefore entangling the executive in another sphere of government,” he said.
The Botswana Congress Party (BCP) also condemned the suspensions saying the matter at heart appeared to be an administrative problem common in the Botswana public service.
In a statement, BCP spokesperson Dithapelo Keorapetse said the matter was blown out of proportion.
“The matter could have been handled differently and internally like other similar cases across government departments and ministries. Year in year out, the Accountant General, the Auditor General and the Public Accounts Committee deal with matters relating to over-payments of salaries and allowances and other financial matters similar to the one in question. Such matters are handled differently without civilly or criminally defaming the public officers concerned. Officers who owe government because of erroneous transactions due to accounting and administrative mistakes are never reported to the police,” he said. Keorapetse said they do not believe that Dibotelo and Khama acted in a manner that protects the integrity of the judiciary in reporting the four judges to the police and suspending them respectively.
“The party holds the Chief Justice personally culpable for bringing the judiciary into disrepute and or denting public confidence in the organ. Whilst the President has the powers to appoint, suspend and dismiss judges, these provisions of the law are undemocratic because they go against the precepts of constitutionalism, separation of powers and the rule of law,” he said.
Keorapetse said the BCP maintains that the executive role in matters concerning the judiciary for example, the appointment, suspension and dismissal of judges, should be reviewed urgently.
“We believe that President Khama has no regard for the institution of the judiciary. He has refused judicial reforms proposed by political parties, Members of Parliament, Law Society of Botswana, judges and academics inter alia. “He has refused to appoint four esteemed persons recommended to be called to the bench by the Judicial Service Commission and he has constructively dismissed a judge before. The BCP therefore does not trust Khama’s motives in suspending the four judges.”
The BCP urged Khama to reinstate the suspended judges.
The Umbrella for Democratic Change (UDC) said it was appalled by the suspensions and accused Khama of endangering the doctrine of “separation of powers”.
The party’s parliamentary spokesperson, Phenyo Butale said the UDC still advocates for the independence of the judiciary, free from interference by the executive arm of government.
“The suspension of justices and the subsequent judiciary debacle all boils down and points to a very ailing commitment to the separation of powers doctrine resulting in a sick system of government that continues to undermine basic tenets of democracy,” he said. Butale added that the opposition coalition believes the matter could have been dealt with as an internal administrative matter.
“The Chief Justice’s actions of hastily handing the matter over to the Botswana Police signals interference by the political Office of the President through the person of the Chief Justice who is a presidential appointee.
“We are also disturbed by the actions of Chief Justice, Maruping Dibotelo, who should be the custodian of judicial independence but is clearly acting otherwise by inviting the executive into the affairs of the judiciary as he deems fit. We call for sanity in the judicial authority and most importantly, Office of President,” he said.