Law Society hammers Kirby
Oarabile Mosikare | Friday February 12, 2016 13:02
Kirby launched a vitriol attack on Lecha during his address at the closing session of the CoA last week. This was after Lecha had delivered a speech at the Opening of the Legal Year. “As has been said before, the address does not represent the views of the chairman but those of the Law Society of Botswana. The seemingly consistent desire to personalise the address to Lawrence Lecha portrays the underlying anger that has caused those offended by the speech to fail to see the obvious,” said LSB executive secretary, Tebogo Moipolai.
Kirby said Justice Frederik Brand had not been appointed because of his race but because he is eminently qualified. “His statement as reported implies that the Law Society’s challenge is based on racial considerations. This cannot be further from the truth. Any impartial person, not attaching any emotion to the matter, who has read the speech will not share the views reportedly expressed by His Lordship.
“What is said in the speech is very clear that the challenge is being launched because of the process of appointment. The process is challenged because, in the view of the Law Society of Botswana it was not transparent and the appointment of Brand JA was the most recent appointment following the launch of a challenge to the process of appointment of judges. What follows thereafter in the address on the composition of the courts and demographics is a separate discussion and is unrelated to the challenge,” responded Moipolai.
Kirby also stated in his address that Brand had not applied for the position but had been approached because of his credentials. To this the LSB said: “In its challenge, as stated very clearly in the speech, the LSB is not questioning the credentials of His Lordship Brand JA. It is simply concerned with the very issue reportedly raised by his Lordship the Judge President, that is, that he was ‘approached’. Who approached him and on what or whose authority? Is he the only one who possesses such credentials? Where there any others with similar or better credentials approached? It is this lack of transparency that concerns the LSB. The Statutory Notice dated 29th January and served on the Attorney General on the 3rd February 2016, a day before His Lordship’s remarks, states as much.”
Moipolai continued: “The principle stated in the speech that a Judiciary must reflect the demographics of the society it serves is accepted the world over. Any suggestion that it has racist undertones and is therefore rude and disrespectful, coming as it is from a legal luminary that His Lordship is, is indeed regrettable and unfortunate. His Lordship the JP is reported to have proceeded in his address to apologise to His Lordship Brand JA on behalf of the legal fraternity.
“The LSB is not aware in what capacity His Lordship did so. It can however categorically state that the apology was not on behalf of members of the Law Society of Botswana, which represents all legal practitioners. The Law Society is on record saying that it will not apologise as it did no wrong and that position remains unchanged.” The LSB said the reference to Lecha as ‘rude’ and ‘disrespectful’ was unfortunate. “As the Chairman represented the Law Society it can simply be concluded that such statement could be properly read as directed at the Law Society of Botswana. That this will be unfortunate cannot be overemphasised.”
Meanwhile the SADC Lawyers’ Association (SADCLA) has learnt with concern the threats by the Ministry of Defence, Justice and Security to stop all official engagements with the LSB until they receive an apology from the society. In a statement, SADCLA president Gilberto Caldeira Correia, stated that the LSB has the responsibility to publicly raise any issues of concern to the profession or any issues that have an impact on the rule of law, human rights and the administration of justice.
“The appointment process for judges has serious implications on the independence of the judiciary and ultimately the administration of justice, human rights and the rule of law in any country and is therefore an issue of concern to the legal profession and the generality of the citizenry in Botswana. The LSB was therefore within the limits of its mandate when it raised judicial appointments as an issue of concern during the Opening of the Legal Year,” said Correia.
The SADCLA urged the ministry to desist from threatening to stop any interaction with the LSB for raising these issues of concern, as it is the responsibility of the society to do so. “Instead, the ministry is encouraged to engage the Law Society of Botswana and make efforts to address the concerns raised in good faith and in the interest of human rights, the rule of law and effective justice delivery in the country.”