LSB, Khama in new legal showdown over PSP
Goitsemodimo Kaelo | Friday November 17, 2017 19:00
LSB has filed court papers suing Khama for appointing his Permanent Secretary and Secretary to Cabinet, Carter Morupisi to the Judicial Service Commission (JSC) in May 2017.
The lawsuit follows a statutory notice, which LSB, through their legal representatives, Kambai Attorneys served on the President in August this year about the issue of the appointment of the Permanent Secretary to the President (PSP). The LSB raised concern about the President’s decision to appoint the PSP to the JSC as derogation from the Constitution and raised questions of conflict of interest. It argued that his appointment was an attack on the idea of separation of powers. The Chief Justice, President of the Court of Appeal, the Chairperson of the Public Service Commission, a member of the LSB and the AG make up the JSC.
According to the LSB, all these members represent wider interests, including the Judiciary, the public service, government, the legal profession and the general public on integrity and experience.
The LSB argued that Khama improperly exercised his discretion in appointing Morupisi, as his appointment served no purpose in the JSC. “The offices of the PSP and Secretary to Cabinet are so closely connected with interests of the Executive that the presence of the holder of those offices in the JSC can be said to represent government without fear of contradiction.
No purpose, at least a constitutional one, can thus be served by such appointment other than to increase the voice of government in the process of the appointment of judges,” argued LSB. The LSB further argued that Khama ought to have considered the interests of the society, as they must trust that their interests will be protected in matters involving a dispute between citizens and where the rights of the citizen were to be enforced against government.
It is not the first time that the LSB and the President clashed over appointments of people for offices of public importance after successfully forcing Khama to appoint renowned attorney, Omphemetse Motumise to the High Court bench.