We have also observed time without number that Justice Kirby is fond of either attacking unions and other interest groups in our society or making orbiter decisions on matters that he knows that he will not be able to sit on or are still pending at the High Court or when a statutory notice is issued against Attorney General as in the case of Motumise matter.
We know that currently there are cases pending to be heard by the Court of Appeal, which cases hinge on judicial independence and separation of power doctrines. Such cases include the Law Society (on behalf of Motumise) versus President Khama, Four suspended Judges versus Khama, Outsa Mokone v State and Manual Workers Union v Khama. It is therefore in light of the above cases, save for Mokone case, that Justice Kirby will not sit to propagate the executive viewpoint. It has become habitual that the remaining Justices of Appeal either they concur with Kirby’s decisions or will make decisions on the basis of the commands contained in Kirby’s speeches or Kirby’s orbiter dicta statements.
