* In doing so, allow me to begin by adding my voice to the fitting tribute you have paid to the President Festus Mogae, who is gracing the occasion for the last time in his capacity as Head of State. Permit me to add just one more item to what I know is an already long list of achievements that will become his legacy. Under your stewardship, this country has made enormous strides towards the achievement of gender equality as guaranteed in our constitution. You have appointed increasing numbers of women to key decision making positions in the public service, and the judiciary. The evidence is here this morning in this court, for all to see: up on the bench, where I stand and in the magistracy. On this note, I would like to congratulate Justice Anna Raisibe Mathiba, on her appointment as judge of the Industrial Court.
* On the important subject of the separation of powers, I could not agree with your Lordship more that the three arms of government are meant by the constitution to perform different functions, and that each should balance the work of the other two to prevent abuse. During the course of last year, I had the occasion to advise Government and publicly express myunderstanding of this concept during the debate around the privatisation of the national airline. I reminded the nation that, and I quote: 'It must be understood that none of these organs is supreme over the other; each is supreme in its own sphere of operation. The doctrine of the separation of powers must be understood in the context of the supremacy of the Constitution. The concept of the supremacy of the Constitution obliges all the three branches of government to operate in accordance with the Constitution. In other words, none of these branches is at liberty to operate outside its sphere of ration...there may be overlaps between the functions of the various branches of government; some real, and others perceived. It is equally clear however that in practice, the three branches of government need to coexist with one another, and work out a complementary and constructive relationship'. I repeat this here, in open court My Lord, because it is a basic tenet of our constitutional dispensation. As lawyers and officers of the court, we must advise on such concepts truthfully, sincerely, without fear or favour, inside and outside court, and irrespective of our personal views on the particular subject matter under discussion. While we enjoy freedom of association and expression, we must eschew litigating in the media, leaking court documents to unauthorized persons, otherwise we undermine our own profession and the public's confidence in the justice system.
