Attorneys for the Law Society of Botswana (LSB) and Omphemetse Motumise have obtained minutes from the 1966 Bechuanaland Constitutional Conference held in London to strengthen their case against President Khama and the Judicial Service Commission (JSC).
This was confirmed by the attorney for the applicants, Tshiamo Rantao. LSB and Motumise are challenging President Khama’s decision to reject the appointment of Motumise as a High Court judge
“The minutes have just been obtained from the London archives because our national archives do not have them,” revealed Rantao.
He said the minutes would show that the framers of Botswana Constitution agreed that the President’s role in the appointment of High Court judges is merely ceremonial. The JSC does the actual appointment, Rantao said. This matter has been scheduled for status hearing on October 26 to confirm November 9, 2015 as a date for argument.
Gabz Fm has also filed an application to be allowed to broadcast the proceedings live. In March this year, the LSB and Motumise filed papers at the High Court to challenge Khama’s decision to reject the recommendation of the JSC to appoint Motumise to the bench.
This case concerns the reviewability of Khama’s decision not to appoint Motumise as the judge of the High Court following recommendation of the JSC, which is the second respondent in the case. Khama is the first respondent.