High Court judges in Apeals defended

ISAIAH MOREWAGAE
Staff Writer | Friday January 29, 2010 00:00

There have been concerns that High Court judges may be tempted to protect their 'colleagues in the High Court' when reviewing their decisions in the Court of Appeal.

The just ended Court of Appeal session had three High Court judges, Isaac Lesetedi, Ian Kirby and Singh Walia. Nthomiwa explained the arrangement by citing Section 99 of the Constitution.

He said the law gives the Chief Justice the authority to appoint any High Court judge to the Court of Appeal.

Nthomiwa added that the Chief Justice may assign judges to the Court of Appeal when the need arises. Section 99 of the Constitution reads: 'There shall be a Court of Appeal for Botswana, which shall have such jurisdiction and powers as may be conferred on it by the Constitution or any other law. 

The judges of the Court of Appeal shall be, the President of the Court of Appeal, such number, if any, of Justices of Appeal as may be prescribed by Parliament and the Chief Justice and the other judges of the High Court:  Provided that Parliament may make provision for the office of President of the Court of Appeal to be held by the Chief Justice ex-officio.

The office of a Justice of Appeal shall not be abolished while there is a substantive holder thereof. The Court of Appeal shall be a superior court of record and save as otherwise provided by Parliament shall have all the powers of such a court'. Nthomiwa stressed that High Court judges are ex-officio members of the Court of Appeal. 'This practice has been going on for a long time now,' he said.  He emphasised that professionally, a judge must dispense justice without favour or ill will. He said they trust that any judge assigned to sit in the Court of Appeal shall conduct him or herself professionally without bias.