Kirby and Dibotelo: Who is the boss?

The big question is; who really is the head of the judiciary. Constitutionally the Chief Justice is the head of the judiciary. But that was before the advent of a permanent appointment of the superior court in Botswana - the Court of Appeal.  The appointment of Kirby as Judge President of the Court of Appeal takes effect on October 1, 2010.  Currently the court sits on ad hoc basis in January and July sessions and on special occasions.

Although there are statutes that supposedly explain the judicial power structure, it seems even those who should know who is the judicial boss are unsure. Even the Registrar and Master of the High Court, Godfrey Nthomiwa was not certain who is boss of the judiciary.