Judicial inquiry would solve everything

Mmegi Editor | Tuesday December 13, 2016 12:35

It is one of the most difficult challenges to face this country, and there is no sign that it can be resolved through the courts. The Judiciary is deeply divided and the Judges do not trust each other, and we all know what happens when there is no trust among colleagues in any given profession or field. It is even worse when that profession or field is mandated to dispense justice.

It is therefore important for the authorities to pause and ponder on the way forward.  In his response to the State of the Nation Address last week, Leader of Opposition, Duma Boko called for a Judicial Commission of Inquiry to preside over this matter and bring an end to the standoff. Yes, this process can only be possible if the presiding officers are independent and possibly brought in from outside the country. We have neighbouring states such as Namibia, South Africa, and Zambia among others, from whom we can draw judges and other legal experts to assist us.

We cannot allow the crisis to continue causing serious damage to the image of our country. An independent and professional Judiciary is one of the yardsticks that investors observe before they can settle in any country. Investors want assurance that their money and property is safe, as well as their own personal security.

The country is grappling with high unemployment and indications are that Botswana is no longer a preferred destination for investors due to the unpredictability of the government. While the country enjoys peace, security and political stability, foreigners are deported without any explanation, or at least being allowed to defend themselves in courts. This practice on its own has the potential to bring questions around the independence of the Judiciary and other stakeholders such as investigators and the prosecution.

As we enter the new year, and start a countdown to President Ian Khama’s most anticipated departure from office, it would be a great thing to see the judicial crisis resolved before end of 2017. We have no choice as a country, but to have this proverbial albatross removed from our neck once and for all, otherwise we will continue to be a turn-off for foreign investors and witness the worst unemployment rate that even ESP, internship, poverty eradication, or any other social welfare programmes will not be able to address.

 

Today’s thought 

“The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” 

– Caroline Kennedy