JSC recommends Radijeng to replace Walia
Oarabile Mosikare | Tuesday December 20, 2016 16:02
The Lobatse High Court based Radijeng will replace Justice Singh Walia who has reached the retirement age of 70 and whose contract ends December 31, 2016. However, Walia will stay on for a further six months to complete his part heard matters.
Four candidates, Radijeng, Tendekani Malebeswa, Odirile Otto Itumeleng and Thato Mujaji were interviewed by the JSC on December 7, 2016. Radijeng topped the candidates followed by Malebeswa. Itumeleng and Mujaji had a tie for position three. Therefore, the JSC will recommend Radijeng to President Ian Khama in terms of Section 96 (2) of the Constitution.
Section 96 (2) of the Constitution provides as follows: “The other judges of the High Court shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.” In the past Khama refused to appoint the JSC recommended candidates, which resulted in veteran lawyer Omphemetse Motumise, and Law Society of Botswana (LSB) challenging the President’s powers not to act on the JSC’s recommendation. A panel of three judges dismissed the case and the matter is to be heard by the Court of Appeal sitting in January 2017.
Mmegi understands that the LSB’s representative in the JSC, attorney Gabriel Komboni had to recuse himself in respect of Malebeswa’s interview, as they are personal friends.
The Attorney General Athaliah Molokomme also recused herself during Mujaji’s interview on account of the fact that Mujaji works for the Attorney General’s Chambers. Last month the JSC secretary Michael Motlhabi refused to discuss the issue of the short-listed candidates and the interviews. Motlhabi said the proceedings of the JSC are confidential and “as such I am unable to comment”.