Boko slams AG�s Parliament show
Tsaone Basimanebotlhe | Tuesday March 7, 2017 18:00
Also in attendance, according to sources, was the High Court Registrar, Michael Motlhabi and his juniors. Seemingly, Boko said: 'AG is party to the litigation, and why is he here? It is abnormal for AG to be here when he is a litigant.
He is here on a matter that is before Court. Who is AG representing? He appeals and comes here to plead with Parliament to normalise things. The appeal has been noted by AG not withstanding, not being granted leave to appeal'.
Minister of Defence, Justice and Security, Shaw Kgathi had invited all MPs to the General Assembly to brief them about the CoA Amendment Bill, 2017. MPs said after Kgathi’s presentation Boko took him head on.
Boko, a prominent attorney, who was last week admitted as an Advocate, said Parliament was seeking to usurp powers of the Courts by effectively saying that Parliament should dismiss the Court judgement.
Boko is said to have argued that the Bill as tabled by Kgathi insults the rule of law and is unconstitutional.
However, his protestation was in vain as the Botswana Democratic Party (BDP) legislators led by former High Court Judge, Unity Dow agreed with the Bill that it proceeds, our sources said.
Last week, Kgathi published the Bill in the Government Gazette after Tafa invalidated the appointment of some CoA judges. The object of the Bill is to comply with the High Court decision, according to Kgathi.
The issue for determination by the High Court was whether Section 4 of the CoA Act is compatible with Section 99 (2) of the Constitution and “therefore invalid; and whether it is unconstitutional for the President to renew the appointment of a Justice of Appeal on the expiry of a three-year appointment”.
“The Bill proposes that Section 4 of the Court of Appeal Act prescribe the number of Justices of Appeal to be 12,” Kgathi said. It further proposes that the tenure of office of a Judge of the CoA be increased from 70 years to 80 years.
The Bill was supposed to go for first reading yesterday, but unfortunately MPs could not agree and Chamme was unsure about some things raised by the legislators mainly from the opposition.
The AG has been asked to go and advise themselves further. Our efforts to get a comment from Kgathi were futile as he was said to be in a meeting.