Kirby takes over Court of Appeal

Staff Writer | Tuesday August 3, 2010 00:00

 

Tebutt stepped down on Friday after serving 16 years in the Court of Appeal, the last nine as President of the court.The appointment of Kirby comes at a time when there are plans to establish a permanent Court of Appeal. Among many notable cases, Kirby presided over the Motswaledi Constitutional case in which he challenged the presidential immunity. While in Botswana the Chief Justice is the head of the judiciary, as in most Commonwealth countries. The relationship between the High Court and the Court of Appeal has not been clear cut. The Court of Appeal reviews decisions of the High Court but the Chief Justice does not sit on the Court of Appeal. There has been speculation that the current administration wanted to come up with a policy that will have the Judge President of the Court of Appeal as the head of the judiciary.  

When bestowing the outgoing Judge President with a Presidential Order of Honour last week President Ian Khama described Tebutt as a tireless worker who has made a huge contribution to the country's justice system.

'He has, without a shadow of doubt, played an important role in the development of our jurisprudence, and leaves an indelible mark on the Botswana legal system.    I am informed that when Justice Tebbutt came to Botswana, he had already retired from an illustrious career in the Judiciary in South Africa, where he had also ventured into other areas of work outside the law,' Khama said.

Judge Tebbutt joined the Botswana Court of Appeal in July 1994, when the Judge President of that court was then the late Justice Austin Amissah.  He was succeeded for one term in January 2001 by the late Justice Akinola Aguda who died in October 2001. 

Khama said that during his tenure as Court President, Justice Tebutt has held high the mantle of that court and ensured that the standard remained high. '    Judge Tebbutt has presided over a number of watershed decisions in the Court of Appeal, many of which are reported in the Botswana Law Reports. Thus he leaves a rich legacy which will be used by generations of lawyers, law students and other judicial officers in the many years to come,' Khama said. He applauded Tebutt for revamping the library of the High Court and that of the Court of Appeal leaving it fully equipped and up to date.

Tebutt was a member of the Judicial Services Commission, a body that appoints judges of the Court of Appeal, judges of the High Court and the magistracy. ' As a judge he was undoubtedly skillful, hardworking and utterly dedicated to the cause of justice. He was passionate about developing judges in the High Court.  For that reason he encouraged the participation of judges of the High Court in the Court of Appeal Sessions to expose them to the operations of that court and its culture,' Khama said.

'As the Executive arm of Government, we have always played our part in respecting the independence of the judiciary and facilitating the work of the courts. In this country, this is a principle we strongly believe in and will continue to preserve,' said the President.