LSB reopens old wounds at CoA
Mpho Mokwape | Wednesday February 8, 2017 17:14
Speaking at the opening of the legal year yesterday, Monthe said the Society continued to receive insults for wanting the CoA to reflect the demographics of the society it serves. Remarks along similar lines by Monthe’s predecessor, Lawrence Lecha last year at the same event, resulted in Government cutting off formal relations with the LSB and demanding an apology. Last year, Lecha said it was an accepted principle the presiding officers of courts must reflect the demographics of the society that those courts serve. The statement drew an angry response from Government, with then Defence, Justice and Security permanent secretary, Augustine Makgonatsotlhe saying Lecha had displayed an “insensitivity and intolerance that is not consistent with the values of Batswana, especially Botho,” before “the whole world”. Yesterday, echoing Lecha’s speech, Monthe said the LSB had been persecuted for its views, but was unwilling to back down.
“Just making the statement, the Society was hauled over coals, tarred, feathered and shamed as outcasts who were ill-mannered, racist and xenophobic,” he said.
“We believe it is only right and proper in keeping with international standards, that the CoA reflects the desires of the country.”
Monthe maintained that the Executive should have not been “agitated” to issue an immediate embargo in relations since the CoA was a public institution like any other.
“It can hardly be said to be xenophobic and or racist in any manner. What the society desires and calls for should appear to many a natural resolve because the CoA is a public institution like all others,” Monthe said. Monthe said the current procedure for appointment of Justices of appeal did not help either, due to the secrecy and non-transparency. He noted that the secrecy left the Society uninformed on the process and the qualities considered, therefore the appointment ought to follow the established procedure and advertise for anyone interested especially serving Judges of the High Court.
Moreover, Monthe said the practice of having litigation against the Judicial Service Commission (JSC) and allowing the Chief Justice to empanel the bench was unsatisfactory.
“This practice is wholly unsatisfactory as it creates a perception of conflict of interest. Also in appeals where the JSC is a party, the Judge President, who is a member of JSC, empanels the court to hear the matter despite being a party. Agai,n this creates a perception of conflict of interest,” he said. On the crisis that engulfed the Judiciary from 2015, Monthe said some Judicial officers continued to display intemperate behaviour towards legal practitioners, which was sometimes in the presence of their clients.
He maintained that disrespect of a legal practitioner not only demeans such practitioner but also does the same to the client.