Tafa Throws Kirby A Sucker Punch
Oarabile Mosikare | Monday March 6, 2017 16:12
Recently, Kirby refused to hear application by the lawyers representing President Ian Khama and others following Justice Tafa’s judgement invalidating the appointments of six CoA judges. In a statement, Kirby said it will not be practical “for the present application session to proceed today”. He also ordered that the appointment of CoA judges on more than one three-year contracts, as has been the practice for many years, is unconstitutional.
Tafa said that the appointment of the Justices of Appeal other than the Judge President is unconstitutional. In the statement, Kirby disclosed that the Attorney General (AG) was studying the judgement, and will advise if an appeal is to be lodged, and a stay of the operation of the orders sought, so that clarity could be obtained.
This did not please Tafa. “It is to be noted here that no reason is given why it would not be practical for the application session to proceed. I say so because it is a notorious fact for which no evidence is necessary, that application sessions have always been dealt with by the three resident Justices of the CoA, not by the full bench,” Tafa said.
He said more often than not, only one Judge sits to determine an application of this sort.
“The statement of the President of the CoA was made before a decision had been made to appeal the judgement of this Court.
He seemed to have made up his mind that there would be an appeal, yet he gives the impression that the AG, who after all is the principal legal advisor to the applicants is yet to decide the way forward. One may ask, what would have happened had the AG decided to not appeal? Would suspension or cancellation of the application session have been justified? The answer is a resounding ‘NO’.”
Observers are of the view that Tafa was implying that Kirby has usurped the function of the AG and displaced him as principal legal advisor to the Government.