Suspended Judges return to work
Oarabile Mosikare | Tuesday March 28, 2017 16:22
A decision was reached that the Judges return to work in the near future or “when Acting Judges wind up”, a source who described the decision as “an out-of-Court” settlement said.
“Whilst the terms of the out-of-court settlement are not clear, it is understood that the quartet made some concessions to appease the authorities, but categorically refused to pledge any loyalty to the Executive.”
Efforts to get comment from Permanent Secretary to the President, Carter Morupisi hit a snag as he was said to be in a meeting.
High Court registrar, Michael Motlhabi, was also said to be attending an orientation for new court reporters. In September 2015, Khama suspended four Justices, Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang, for alleged misconduct after it was found that they were paid undue housing allowances.
A tribunal was appointed to inquire into the conduct of the quartet who had been at loggerheads with Chief Justice (CJ) Maruping Dibotelo. The latter had reported them to the police to be investigated for earning the allowances despite being accommodated in Government houses.
“Now, at the meeting, concessions were made by both sides. Firstly, in order to make peace and return to work, they were clear that it was not their intention to undermine the authority of the CJ, and that to the extent that there was such a perception and understanding, they apologised,” the source said at length.
One concession is that the four withdraw their petition against the Government and pay back the allowances they erroneously received.
President Ian Khama told them that Dibotelo will inform them when to resume duty as acting Judges needed time to wind up. Khama allegedly said a formal letter from him will reach them by end of business today.
As Government’s concession, Khama is to disband the tribunal and lift the suspension against the quartet. Besides the quartet, also in attendance were acting Attorney General, Morulaganyi Chamme, Morupisi and Khama himself attended.
Incidentally, said the source, the CJ was not present at the meeting. Another excited informant said it would seem the quartet was moved by a sense of patriotic duty to save the country and the Judiciary from further ruin and disrepute.
“For close to two years the quartet, against all odds, staged a spirited and gallant fight to defend the independence of the Judiciary.
Whatever criticism may be levelled against them, history will record them as the heroes and heroines of the independence of the Judiciary who fought relentlessly against the mighty Executive.
Now the nation holds its breath that as their heroes and heroines return to the bench, normalcy will return to the Judiciary.”