Lawyer decries lack of access to justice

MARTIN NYIRENDA
Correspondent | Tuesday October 27, 2009 00:00

Speaking at the Law Society of Botswana cocktail party to honour senior legal practitioners in Gaborone last Saturday, Doreen Khama said access to justice is a fundamental right, just like education and healthcare.

She urged legal brains in the country to issue an urgent call to government, lawyers and judges for action to find solutions to the access to justice 'crisis'. She lamented that the country's legal system has now become expensive and complicated for the vast majority of Batswana. She said it was the duty of lawyers to protect the independence of the bar from the state as this is the hallmark of a free society. She stated that the judiciary delivers service to the individual in the state and aims to protect fundamental values contained in the constitution.

'These fundamental values include natural justice, equality and democracy. Without independent legal advice and advocacy, the integrity and stability of the legal system would be in peril. You must promote an independent judiciary as the primary beneficiary was society.'

Khama stated that the reality indicates that the rule of law cannot endure unless judges who are responsible for interpreting and applying the law and the constitution are effectively guaranteed their independence from government.

She pointed out that the three characteristics of judicial independence are security of tenure, financial security and administrative independence.

'You must strive to achieve and maintain these three essential characteristics of the judiciary throughout the country. In a country lacking an independent judiciary, the rule of law has no hope of being maintained. I urge you not to sacrifice quality of work and ethical duties for expediency and rapidity.

'I would also like to further urge you to take the time needed to think through issues and to carry out the necessary research in order to provide competent legal advice and services,' he said.

She stated that one of the cardinal challenges confronting the legal practitioners include mooting out viable ways to reduce the imbalances between the rapidly expanding global markets and societal objectives. She added that lawyers should be mindful of the international instruments that set out universal values, especially the dignity of all humans.

She urged lawyers to take the initiative to impart valuable information on equitable business practices. 'Be creative in finding solutions to client's legal needs,' she stressed.

Khama advised lawyers to refrain from engaging in unprofessional activities with the potential to compromise the effective dispensation of justice in the country. 'Maintain a healthy balance between your work and your private life,' she added.

Attorney General Dr Athaliah Molokomme reiterated the interest of her office to see that justice is done and not denied to citizens. She said there are no short cuts in the process of effective delivery of justice. She said good legal practitioners are always working hard and researching before presenting their cases before the courts.  She urged the practitioners to be patient because it takes a hard work and time to achieve excellence and build a renowned reputation. She underscored the need for lawyers to have unquestionable integrity considering their profession. She acknowledged the noble role played by eminent lawyers in the country to facilitate growth of the judicial system to its current status. She said without the lawyers, the judicial system will not be what it is today. Justice Mpaphi Phumaphi, who handed over certificates of recognition and appreciation for lawyers who have been in practice for 20 years and above said that public confidence in the judicial system is cardinal to the welfare of any society. He saluted the scholarly judges who over the years have successfully imparted a wealth of knowledge to the judicial system. He said that lawyers are human as they differ in temperament and have emotions.

One of the pioneers of the legal profession in Botswana, Richard Lyons pointed out that a major challenge the judicial system faces is timely dispensation of justice. He said it is paramount for lawyers to thrive on the legal professiona whose values revolve around integrity, honesty and transparency. Lyons has been a lawyer since 1966.