Khama�s three musketeers

Staff Writer | Friday September 4, 2015 14:38

 

The government spokesperson Jeff Ramsay said Khama, in accordance with Section 97 of the Constitution of Botswana, appointed the tribunal to inquire into the conduct of four judges of the High Court. The suspended judges are Key Dingake, Mercy Garekwe, Ranier Busang and Modiri Letsididi.

Justice Craig Howie would chair the tribunal. Other members of the tribunal are Justices Isaac Lesetedi and John Foxcroft. Who are these judges?

 

Justice Craig Howie

Howie is a former president of the South African Supreme Court of Appeal, and current member of Botswana Court of Appeal.

He began his career in 1962 and in 2003 was appointed as the president of the Supreme Court of Appeal (CoA), a position he held until August 2008.

“He has presided in his court with courtesy, firmness and dignity in a wide spectrum of authoritative decisions which have shaped the legal landscape in this country. His soundness as a lawyer is complemented by his innate sense of fairness and justice: both merit the highest praise,” wrote Justice RJW Jones, judge of the Eastern Cape High Court, prior to the retirement of Howie. 

Jones also wrote that one of the hallmarks of his quality, as a judge was the elegant and disciplined lucidity of his judgements. “A recent example of judicial writing at its best is the clarity of his exposition of the difficult legal issue analysed in his judgment in Bid Industrial Holdings (Pty) Ltd vs Strang [2007] SCA 144 (RSA).

This is the landmark decision which holds that an arrest to found or confirm jurisdiction is unconstitutional, and illustrates the proper way for the courts, in such a case, to develop the common law by filling the gap created by the abolition of a principle which has guided them for centuries.”

 

Justice Isaac Lesetedi

The only local in this tribunal is Justice Isaac Lesetedi a current member of the Botswana CoA. Lesetedi is considered very capable and has sufficient legal understanding.

 “Remember during the Motswaledi case he asked the most intelligent questions, but during the delivery of the judgement he became part of the bench that construed section 41 [this section deals with the president’s immunity from being sued] of the constitution,” said a senior attorney of the High Court.

It is unclear as to what happened to Lesetedi’s questions, as he did not attempt to answer them when the judgement was delivered. Lesetedi is accused of being ultra-conservative since he was elevated to the Court of Appeal.

 

Justice John Foxcroft

Justice John Foxcroft is a former Judge of the Cape Supreme Court and current member of the Botswana CoA.

According to an article on Speak Out website, the retired Cape High Court Judge in 1999 began the furore when he said a rapist father deserved a lighter sentence because he had raped in the family, and therefore did not pose a threat to the broader community.

Lawyers believe Foxcroft is still to make his presence felt at the CoA here.