This was after the annual general meeting of the Law Society of Botswana (LSB) where concern over continuing disparaging, condescending and generally disrespectful conduct of judges and magistrates towards legal practitioners with the judiciary was recorded.A month later, it is shocking to find that judicial misconduct is still rife in our judiciary. In yesterday's edition of this newspaper, we reported that one of Botswana's leading criminal lawyers, Busang Manewe, had registered a complaint regarding the conduct of 'Honourable' Justice Dr Seth Twum.
This was after his 'Lordship' Justice Twum, who is one of the judges from outside Botswana who sit at the Court of Appeal, had insinuated that the counsel could be a rapist! Manewe's sin? To discharge his constitutional mandate and duty as an officer of the court. But lo and behold, Justice Twum descended on the lawyer like a visitation of the wrath of God: "Have you committed rape before?" the judge demanded. We stand stunned by this unprovoked attack on Manewe, which cannot be left unchallenged. We want it noted that although the parties reportedly met and resolved the matter amicably, that is not enough, in our view. We wonder if the judge fully understands what it means to sit on the highest court in the land? What was really the motive of his loaded question? While Manewe, clearly affronted and understandably bewildered, says he stopped submitting after the judge's gross interlocution, we are concerned that this could prejudice the outcome of the case for his client who was appealing for a reduction of his rape sentence. Without seeking to influence anything, we think it significant that the appellant has already expressed a loss of faith in the judiciary. That is a serious verdict on our judiciary for anyone to make, especially a layperson. The ball is now in the court of the Judicial Service Commission (JSC) and its chairman, Justice Dibotelo, to restore the confidence of the public in a realm so crucial to the orderly lives of Batswana, great and small. He must bring Manewe's letter to the attention of the JSC, which should then appoint an ad hoc committee to examine the conduct of Justice Twum and pronounce on his aptitude to sit on the highest court in the land. We equally call on LSB, which often makes incisive comments on 'offshore' issues, to seize the moment and make its stand known on the matter. Otherwise the promise of judicial discipline will remain empty and without merit.
