LSB, Motumise Vs The President, JSC And Others

Monday, April 24, 2017

The Court of Appeal (CoA) on Wednesday April 19, 2017 delivered a ground breaking Judgement on the above matter. The main issue before the CoA was of critical importance to Botswana as it relates to separation of powers and in particular, the powers attributed to the President to appoint the judges.

This Judgment is therefore indeed a victory for Batswana and above all the Rule of Law. From 2009 the Law Society of Botswana noted a trend where the President rejected names recommended to him for appointment as Judges by the Judicial Service Commission (JSC).

In an attempt to mitigate this trend, the JSC had adopted, it would appear, an approach where it submitted more than one name for the President to choose from and appoint.

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