The case in which the National Amalgamated Local and Central Government and Parastatal Workersâ€™ Union (NALCGPWU) has taken President Ian Khama to court challenging the appointment of the seven Court of Appeal (CoA) judges will be heard in July 2016.
NALCGPWU lawyer, Mboki Chilisa has confirmed that the case went for a status hearing last Friday before Justice Abednico Tafa and it will be argued next year July. In his founding affidavit, the national organising secretary of the NALCGPWU, Johnson Motshwarakgole argued that the appointment of the CoA justices by the President is invalid.
The veteran unionist is challenging the constitutional validity of Section 4 of the Court of Appeal Act in so far as it delegates, to the President, Parliament’s constitutional powers to determine the number of Justices of Appeal. “The applicant contends that Section 4 is constitutionally invalid and the current practice of appointing Justices of Appeal is unlawful and as consequential relief, seeks declaratory relief against all the Justices of Appeal except the Judge President [Ian Kirby] whose office is created by the Constitution,” said Motshwarakgole.
The other respondents are the JSC, the Speaker of the National Assembly, the Attorney General, Justices Elijah Legwaila, Isaac Lesetedi, Monametsi Gaongalelwe, John Foxcroft, John Cameron commonly known as Lord Alistair Abernethy, Arthur Hamilton and Craig Howie.