Law Society finally sues Khama

Law Society attorneys recently briefing the media on Motumise case PIC: KEBOFHE MATHE
Law Society attorneys recently briefing the media on Motumise case PIC: KEBOFHE MATHE

The Law Society of Botswana (LSB) and senior attorney Omphemetse Motumise have submitted that the Judicial Service Commission (JSC) is obliged to give reasons for its decisions not to recommend or to recommend a particular candidate when called upon to do so.

The LSB and Motumise on Monday finally filed papers at the High Court challenging President Ian Khama’s decision to reject the recommendation of the Judicial Service Commission (JSC) to appoint Motumise to the bench.  The LSB executive secretary Tebogo Moipolai said the Constitution entrusts the JSC with the important public power to appoint judges.

“Although the Constitution allows the JSC a wide discretion to determine its own procedure that discretion is not unfettered, as can be seen from the use of the word ‘may’ in section 103 (5) and the pre-determined requirements on voting in section 103 (6),” wrote Moipolai. He said the JSC, as an organ of state, is bound by values of transparency and accountability. 

Editor's Comment
Let the law take its course

When the news broke, a fierce debate ensued. While some members of the public believe that the law should take its cause, there is a section of the population that believes the move to detain the MP is politically motivated.Matsheka has been in the custody of the Directorate of Intelligence and Security since August 2 and the warrant of arrest was allegedly obtained on August 4, two days later.The issue of alleged ritual murders has never been an...

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