BDP numbers deluge Keorapetse�s women-friendly props
Goitsemodimo Kaelo | Friday March 31, 2017 16:56
Keorapetse had proposed that the Court of Appeal (CoA) shall, in addition to the Judges provided for in the constitution, consist of not less than nine but not more than 12 Justices of Appeal which are citizens of Botswana. The Selebi-Phikwe West legislator furthermore wanted the House to make it a law that the Justices of Appeal appointed shall consist of five females.
He argued that for a long time foreign nationals have dominated the CoA bench while there are many Batswana with requisite qualifications and competencies.
“There has been an injustice committed on women for over 50 years. Parliament must act where the JSC has failed. We have capable women who can serve on the bench. Let’s intervene and legislate that five women be appointed,” he said.
Keorapetse further argued that it is unconstitutional to prescribe the number of women to be appointed to the CoA because the law does not prelude Parliament from making it a law where the appointing authority has failed to act.
He said Parliament should guide the Judicial Service Commission (JSC) as the appointing authority of judges of the CoA to make affirmative decisions biased towards women. He said procedurally, the JSC may regulate, but it cannot be bound by laws passed Parliament.
Kanye South MP, Abram Kesupile supported Keorapetse’s amendment proposals. He said there is nowhere the proposal contradicted the Constitution. He stated that in any case, the proposed amendment provided for more flexibility.
“Women have been disadvantage for a long time. We should fear to do it, even by enacting a law,” he said. However, Keorapetse’s proposed amendments were defeated after 22 of the BDP MPs voted against it.
The Minister of Defence, Justice and Security Shaw Kgathi was in the forefront of those pouring cold water on the proposed amendment. Kgathi said what Keorapetse was calling for was unconstitutional. He challenged Keorapetse rather to propose a constitutional amendment.
“The amendment does not add substance, but rather introduces a definitive number whereas the Bill seeks to introduce flexibility to the appointment of Judges,” he said. Fellow Minister, Patrick Ralotsia of Agricultural Development and Food Security, said by prescribing gender, it would limit the scope of selection and appointments of CoA judges.
He said the scope should be open and allow for the most competent people to be appointed to the bench. “We already have six female Judges, 55 female Magistrates against 30 male counterparts. Already we have an opening for progression,” said Nonofo Molefhi, objecting to Keorapetse’s amendments.