Suspension of judges attracts international scrutiny
Mpho Mokwape | Tuesday June 21, 2016 18:00
The CJMA in collaboration with Commonwealth Legal Education Association (CLEA) and Judges for Judges (Rechters voor Rechters) have raised concern over local authorities seeming to treat some judges more favourably than others. This comes in the wake of the recent follow-ups and revelations that more judges have been mentioned in the housing allowance saga, but have been excluded from the punishment meted out on the four judges.
The quartet, Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang, in their court papers have accused the Chief Justice of targeting them, as he has failed to account that there were more judges involved in the housing allowance saga despite knowing this.
The CJMA’s justification of the judges’ argument is that the authorities’ favouritism of some judges over the others gives the impression that there was lack of equality before the law.
The statement reads, “Any measure which is capable of being seen as eroding the independence and impartiality of the judiciary, or the fundamental rights to which all citizens of Botswana are entitled to, is a matter of serious concern and could undermine the international standing of the Botswana judiciary”.
The CJMA further called on authorities to ensure that all processes followed are dealt with in a just and equitable manner to resolve the issues quickly to safeguard the good reputation of the country’s judiciary for independence and impartiality.
“The provisions of the Commonwealth Principles on the Accountability and the Relationship between the three branches of government state that disciplinary proceedings, which might lead to the removal of a judicial officer should include appropriate safeguards to ensure fairness,” the CJMA stated.