Uncertainty surrounds judges� police case
Goitsemodimo Kaelo | Thursday June 15, 2017 16:02
In September 2015, President Ian Khama suspended four judges: Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang for misconduct after it was found that they were paid undue housing allowances which amounted to P923, 543.20 combined.
The quartet were at loggerheads with Chief Justice Maruping Dibotelo, who reported them to the Botswana Police Service to investigate them for earning housing allowances despite being accommodated in government houses.
On Tuesday when appearing before the Public Accounts Committee (PAC), Motlhabi could not answer whether police have withdrawn the investigations. He was also unaware whether it was put in the agreed settlement.
“It may require me to look at the letter of agreement. I am not quite sure whether it was part of the settlement for the police to drop investigations into the receipt of housing allowances by the four judges,” he said.
Motlhabi who was responding to questions from Member of Parliament for Selebi-Phikwe West Dithapelo Keorapetse told the committee that he rendered no advice to the Judicial Service Commission (JSC) or the Chief Justice when the decision to report the matter to the police was taken. “It was deliberated and they thought it was an appropriate thing to do,” he said.
In response to further questions, Motlhabi also said he needed time to reconcile how much the judges were paid while on suspension and how much was paid to those who were appointed to fill in for them. He also said that nothing has been paid to the Tribunal that was appointed by the President.
Meanwhile, Motlhabi told the committee that the JSC is still in discussion with four other judges who were part of the original 12 who signed petition against the Chief Justice.
The four are yet to withdraw from the petition. He however said that he is constrained to reveal details of the communication with judges.
In March this year, Khama lifted the suspension of the four judges and further recalled the Tribunal, which had been previously established to investigate their conduct.
It was stated that the decision was made after the four judges, on their own volition, approached Khama to apologise for their actions, which had resulted in their original suspension.
It was further stated that a settlement agreement was drawn, which among other conditions included that as a “demonstration of reconciliation and willingness to overcome past events and move forward they withdraw their letter of 12th August 2015 to the Chief Justice”.