LSB stands on the edge
Mmegi Editor | Thursday November 17, 2016 12:53
However, this year’s upcoming elections in Maun come at a particularly peculiar time for the legal fraternity, where a number of developments have drawn the profession into the glare of public scrutiny.
Never before in the country’s history has there been such litigious engagement between the Executive and the LSB or indeed between the Executive and various individuals in the legal fraternity.
The LSB has become a much more vociferous actor in the governance space, challenging and dragging the Executive to court, demanding judicial opinion on various areas of constitutional concern.
In recent months, and under the tenure of its current leadership, the LSB has challenged the Executive on the suspension of High Court judges, the role of the Judicial Service Commission, appointment of judges and other matters critical to the retention and growth of good governance in Botswana.
The LSB has not been afraid to challenge even the highest judicial authorities on perceived wrongs and has been quick to respond and comment on topical governance issues including press freedom and child abuse. Indeed, the Law Society has found its voice and rightfully taken its place as one of the many watchdog pillars of both our democracy and governance, whose health and vitality are critical in keeping checks on the scales of power.
The Law Society represents the country’s finest legal minds, those able to expertly interpret and argue, both the letter and spirit of the Constitution and its associated Acts, which in turn are the basis for the stability we enjoy as a Republic. Experience across the continent shows that authoritarian regimes have usually found it easier to capture the Judiciary and the Legislature, but struggle to silence or suppress oversight voices such as law societies and the media.
Those leaders, either in power or waiting in the wings, who harbour authoritarian hopes are always dissuaded by the presence of robust and vibrant watchdogs such as law societies and the media.
We therefore urge practitioners as they gather in Maun to elect officials who will rigorously continue the critical engagement needed with the Executive for the maintenance and growth of a vibrant democracy.
In Maun, the Law Society also needs to introspect on its own ranks and issues of discipline and integrity, as more cases emerge of unscrupulous practitioners and practices. We also urge the Society to continue seeking solutions on the distribution of work across the spectrum of law firms, to arrest a situation where the fraternity is dominated by a few, large, established firms at the expense of the smaller players.
The health and dynamism of the Law Society can only be good for our democracy.
Today’s thought
“Peace and justice are two sides of the same coin.”
– Dwight D. Eisenhower