LSB joins fray, supports suspended judges
Sharon Mathala | Wednesday February 3, 2016 18:00
“This matter is sub judice and I will not say anything on the legal merits or demerits of the matter, save to say that because of the important constitutional issues raised by this matter in relation to separation of powers, independence of the judiciary and freedom of expression, the Society has resolved to join in this litigation,” said Lecha.
Lecha highlighted the effect of the suspension of the judges on members of the public, the accused persons and litigants. He expressed concern that because of this, most are forced to spend more time in jail than they would have.
“The sad reality is that members of the public who had been litigating before the suspended judges now have to start the cases afresh, any attempt to do anything else will be a travesty of justice.”
He continued: “This is no doubt a great cost in terms of legal fees and associated losses relating to the carious rights that they sought to protect. Some will continue to languish in jails whilst their prosecution starts afresh.”
However in response, the Attorney General, Athaliah Molokomme said: “The unprecedented events that have been unfolding since 2015 in respect of the appointment and removal of judges is part of our journey as a nation and should not cause unnecessary alarm.”
Molokomme further assured that the courts will rule on the cases without fear or favour ‘as always’. “While cases are in the courts, we must desist from the one sided statements attributed to the so-called prominent lawyers, often anonymous, and the premature discussion of these cases in the media.” For his part, Chief Justice Maruping Dibotelo said: “Let us always try to remain calm and temperate with full assurance and confidence that due process will take its course as is the norm and tradition in litigation before our courts.”
The CJ further said that the past legal year was a turbulent year for the judiciary. Dibotelo said 2015 was a year marked by a litany of litigation against the Presidency, the Judicial Service Commission, the AG and the police amongst others.
“I must mention that in the same year four of our High Court judges were suspended from the bench and acting judges were appointed for purposes of business continuity pending the conclusion of their matter which is also currently the subject of litigation before our courts,” said Dibotelo.