Khama lifts judges� suspension
Oarabile Mosikare | Wednesday March 29, 2017 09:24
It was on September 1, 2015, that Khama did the previously unthinkable of suspending Judges. Justices Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang were suspended for alleged misconduct after it was found that they were paid undue housing allowances.
The four had been at loggerheads with Chief Justice (CJ) Maruping Dibotelo, who had reported them to the police to investigate them for earning the housing allowances despite being accommodated in Government houses.
Subsequent to suspending the Judges, acting in accordance with Section 97 of the Constitution of Botswana, Khama appointed the tribunal to inquire into their conduct.
The suspension was on full salary while benefits and the official vehicles were taken away from them.
A retired South African Supreme Court of Appeal Judge, Craig Howie, chaired the tribunal. Justices John Foxcroft and Isaac Lesetedi made up the tribunal. Yesterday, Khama formalised the lifting of their suspension and subsequently disbanded the tribunal.
This follows reports that the suspended quartet and the Administration of Justice (AoJ) smoked the peace pipe, resulting in a decision that the Judges return to work in due course. The lawyers for the Judges will file a notice of withdrawal of their case against the Government.
The Permanent Secretary to the President, Carter Morupisi said the Judges apologised to both Khama and Dibotelo. Morupisi said the decision was made after the Judges, on their own volition, had approached Khama to apologise for their previous actions, which had resulted in their original suspension.
“In this respect, the four Judges consequently agreed to a set of settlement proposals, which had been put forward by the President,” Morupisi said.
As a demonstration of reconciliation and willingness to overcome past events and move forward, they withdraw their letter dated August 12, 2015 to Dibotelo, which had been copied to all Judges, including the allegations made therein; together with further allegations made in a petition five days later, that had been addressed to the Judicial Service Commission.
“That they further withdraw their review case, which was pending before the High Court and finally, that they write to the Registrar of the High Court offering to arrange terms of repayment of housing allowances that they had inappropriately received in the past. The modalities of the assumption of duties by the four Judges will be made by the CJ.”