Khama, Dibotelo meetings
Oarabile Mosikare | Friday February 24, 2017 18:00
This follows unconfirmed reports that following Justice Abednego Tafa's landmark judgement invalidating the appointments of six Court of Appeal (CoA) Judges, Khama met two senior Judges at the OP. It is alleged that Khama metJudge President (JP) of the CoA, Ian Kirby and Chief Justice Maruping Dibotelo last Friday.
Sources allege that the two jurists went to brief Khama about the Judicial crisis when this ought to have been done by the Attorney General. In an emailed response to Mmegi questionnaire, press secretary to the President, Gobe Pitso evaded the question about the Friday meeting.
“Please note that His Excellency the President holds meetings with different people; Government officials and private individuals all the time. Issues discussed thereat are not essentially for public consumption.
The meetings that His Excellency held in this regard were not a secret because they were held as per regular meetings. Also note that His Excellency interacts with the Chief Justice and other officials from the Administration of Justice (AoJ) from time to time and will continue to do so,” Pitso responded.
The source questions that if the President meets with the CJ or such other Judicial officers like the JP, what could they possibly be discussing. “The Attorney General is the link between AoJ and the President. Judges do not report to anyone and they are not subject to anyone’s authority.
Budgeting is done through the Registrar. Any meetings between JP and CJ, if necessary, must be public. Secret meetings erode separation of powers. Accounting by AoJ is to Parliament through Parliamentary Committees,” the source said.
He said, without admitting or denying the meeting and assuming that one was held to discuss the judicial crisis, is this a matter for the CJ and JP to meet and confer with the Executive about. “Where was the AG to do the briefing, if that is what they did.
In a constitutional democracy, that places the rule of law at a high pedestal. Is it permissible for Judges to interact with the Executive and if so, in what circumstances? What are the boundaries to such interaction and what are the pitfalls arising from the practice and or tradition?”
Reached for comment the Registrar and Master of High Court Michael Motlhabi said the OP response to Mmegi was sufficient.