Law Society finally sues Khama

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.