Law Society sues Khama over Brand�s appointment
Oarabile Mosikare | Thursday February 11, 2016 16:08
Through attorney Dutch Leburu, the LSB is praying for an order directing that the Judicial Service Commission (JSC) provide and disclose the process followed in identifying and placing before it, the appointment of Brand or any other judge of the Court of Appeal.
They also want an order reviewing or setting aside and declaring as unlawful, null and void, the appointment of Brand. They also want an order declaring as unlawful, null and void, the recommendation for appointment of Brand. Alternatively they pray for the order reviewing of setting aside the decision of JSC to recommend the appointment of Brand as a judge of the Court of Appeal.
Anothere order declares that the current system of recommendation for appointment as carried out by the JSC lacks transparency, openness and is irregular and contrary to law and good governance. Leburu also wants the order directing the JSC to advertise all or any vacant Court of Appeal positions and to conduct interviews or public interviews before making any recommendations for any appointment of the Court of Appeal.
The Society is praying for costs against any party opposing the claim.
Khama appointed Brand last November following the recommendation of the JSC after the resignation of Justice Elijah Legwaila.
The LSB says the JSC never placed any advert in the Government Gazette requesting all interested persons to apply for the vacant position. It says it is unknown who exactly negotiated or approached Brand for the appointment.
“The Law Society of Botswana contends that the manner of appointment to such a high judicial office in a highly secretive and clandestine manner is unlawful and goes against all known rules of transparency in a democratic dispensation and is contrary to law,” says Leburu. He cited Khama, JSC and AG in the claim filed on February 3, 2016. The AG has been given 30 days to respond.