DIS to spy on Judges
Staff Writer | Friday February 23, 2018 18:11
This has raised fears that the intention is to fill the bench with only DIS approved Judges who will then return the favour and protect the agents when charged.
Recently, the JSC published circular inviting suitably qualified citizens to apply for the posts of High Court Judges.
As a new development, the candidates will fill out an intrusive form that requires knowing about political participation, mental state, and financial standing amongst others.
The form, titled ‘Application for appointment as a Judge of the High Court’ reads in part: “I attach hereto my written authority for my bankers and the Commissioner General of the Botswana Unified Revenue Service to disclose to the commission on a confidential basis my banking and taxation records, including those of companies controlled by me.
“This authority extends also to the Criminal Record Bureau of the Botswana Police Service, to the Law Society of Botswana, to my medical practitioners, to the State intelligence and investigative agencies, and to all other relevant sources”.
The applicant will have to agree that the information supplied in, or under the authority of this application form and its attachment will be used by the commission and its members on a confidential basis for the purposes of screening, shortlisting and confirming the antecedents of judicial candidates, and will be considered in the selection and recommendation process.
Under health, the applicant will indicate any present or past mental or physical illness, complaints or disabilities, which could impact upon their performance as the Judge.
The would-be Judges will also state if at any time during the past two years have defaulted on any personal, business or contingent debt, to the extent that they have had legal proceedings commenced against them, or have had a default judgement entered against them, or to their knowledge is any such default imminent.
They will also list their present sources of income and their present significant debts or contingent liabilities.
Under public profile, they will state if they have ever been involved in any scandal, conduct or newsworthy incident, which could prove a source of embarrassment to the Judiciary, were they (applicants) to be appointed Judges.
The candidates will also have to disclose their political profile and state if during the past 10 years, they held office in, or competed for any position in any political party, or played an active role in politics.
The aspirants will state if they have any criminal charges preferred against them and if so they should give details, including the outcome of each charge.
Some members of the legal fraternity are of the view that this new form was motivated by bad faith. “Mental illness was about a former Judge who was fired for ill-health last year. Political activity is about 75% in the bench who are suspected to be opposition inclined. Why is political disclosure important? Financial standing relates to the housing dispute,” one legal practitioner, speaking in confidence, said.
He further noted that the housing allowance relates to an incident in which President Ian Khama suspended four Judges in September 2015 for alleged misconduct after it was found that they were paid undue housing allowances.
The suspended quartet and the Administration of Justice (AoJ) smoked the peace pipe last year resulting in a decision that the Judges return to work.
“It is the reason I say the spirit behind the form is not right. I think if the JSC is going to be a policing institution, the disclosure must start with them. Are they of sound mind too? One of them is taking money to Panama. Can he sit in judgement over others? They cannot set rules for others. The Attorney General for instance, must tell us his mental and financial state. So too must the Chief Justice and the Permanent Secretary to the President,” he charged.
Another well-informed authority in judicial matters said: “This document is suspiciously unconstitutional. Firstly, it seeks to subject one set of Judges what it does not to others. Secondly, it presupposes that the DIS has information on Judges which it can share with the JSC how and when it was gathered. Thirdly, the intention is to fill the bench with only DIS approved Judges who will then return the favour and protect them when charged. The plan is far bigger than we think”.
Meanwhile, the JSC rejected the appointment of Jennifer Dube as the High Court Judge after discussing and considering the results of the round robin. Dube has been acting Judge until December 31, 2017.
Source disclosed that Dube was rejected and now an advertisement will be placed. Before being appointed an acting Judge in September 2015, she worked for Botswana Development Corporation.
“They restructured during her leave of absence and then paid her out.'