Khama-axed magistrate accuses Gabanagae of orchestrating downfall

Mpho Mokwape | Friday October 12, 2018 13:42

Thabo Malambane, who was giving evidence when his case resumed on Wednesday before the Industrial Court, said people who were instrumental in his dismissal wanted him to do them favours when presiding over cases.

In his sworn statement, Malambane explained that until the day he gave two murder accused bail, prior to his dismissal by Khama in 2014, following a recommendation by the Judicial Service Commission (JSC), he had a good relationship with his supervisor, now High Court judge, Christopher Gabanagae who was then the Chief Regional Magistrate for South.

He said following the events leading to his dismissal, he felt bullied by Gabanagae who was constantly trying to influence him in his decisions in court and to do him favours.

Malambane told court that all hell broke loose when on that particular day Gabanagae called him enquiring about the accused persons being given bail and told him that people were complaining.

“I was surprised that he was questioning my decision as a judicial officer and said people were complaining.

“I had followed the law and even had given prosecution time to investigate the matter before giving bail. I told him if there were people complaining there were the right channels to follow,” he said.

He explained that having applied for a leave for February 21, 2014 to attend to an emergency in Gaborone of which Gabanagae knew about, he left the court in the afternoon of the 20th having dealt with matters of that day until he was called by a bench clerk telling him there was a freshly registered matter involving the same people he had given bail the previous day.

“I was told the police were demanding the file as they were taking the matter to Gaborone for mention. I was never consulted as per the law and the clerk is the one who is supposed to arrange the ferry of the file not the police. I felt undermined and told the clerk not to give them the file,” he said.

Having enquired from Gabanagae why he was taking the matter to Gaborone despite having left another magistrate at the station and other magistrate courts surrounding Gantsi, Malambane said he was told that there was no magistrate and the remand for the accused was expiring.

He said on Monday that particular day of February 24, 2014 when resuming his duties, the file for the two accused came before him and that they were not present in court of which he was told the accused had been taken to Gaborone with the instruction of the Station Commander for Gantsi Police.

Malambane said on that day he made an order calling the commander to explain, of which the station commander said it was not his doing but that of Gabanagae.

“That’s the day I realised there was a serious interference because I refused to be bullied into doing favours for certain people, and I decided to call the Chief Justice at that time to lodge a complaint.  I was instructed to lodge a formal complaint by the Registrar and Master of the High Court,” he said.

Malambane told the court that following the formal complaint of which Gabanagae never responded to, instead he resorted to not dealing with any cases until his matter was resolved.

He said he refused to listen to cases until his complaint was addressed even with the instruction of Chief Justice Maruping Dibotelo who was now aware of this matter, as he had even complained to him through letters and savingrams.

“I felt it would be unfair on the litigants and the judiciary to work when I was not happy about interference.”

“I knew the matter had escalated when I was told that my disobedience will be taken before the JSC and then when Khama wrote me a letter telling me to show cause why he should not dismiss me after the recommendation by the JSC,” he explained.

He added that he was defeated as the same people he has been complaining to and the same person he was complaining about were part of the JSC.

Malambane, who now wants reinstatement and compensation by the time of going to press, was being cross-examined by state lawyer, Neo Sharp. Attorneys Olihile Manchwe and Aobakwe Monamo represent Malambane.

The state is also expected to call Dibotelo, Court of Appeal Judge, Singh Walia, Judge Gabanagae and Registrar and Master of the High Court, Michael Motlhabi as witnesses.

The case continues today.