Tafa misdirected himself � CoA Judges

Judges often have different interpretations of the law
Judges often have different interpretations of the law

A bench of five acting Court of Appeal (CoA) judges has ruled that Justice Abednego Tafa misdirected himself in concluding that President Ian Khama “has the discretionary power to appoint or not to appoint a Justice of Appeal on a fixed term contract of three years”.

“The power to appoint such a judge properly vests in the JSC [Judicial Service Commission]. To the extent that the President may have any discretion, I entertain no doubt that such discretion must be exercised rationally and for a legitimate governmental purpose and certainly not at the ‘whim of the President’,” said deputy Chief Justice of Namibia Petrus Damaseb.

Two High Court Judges Terrence Rannowane and Leatile Dambe, retired deputy president of the Supreme Court of Appeal of South Africa, Louis Harms and retired Chief Justice of Zambia Ernest Sakala concurred. This was in the appeal case in which Tafa had ordered that the appointment of Isaac Lesetedi, Monametsi Gaongalelwe, John Foxcroft,John Cameron, Arthur Hamilton and Craig Howie was invalid in that the President had no right to reappoint them to the bench.

Editor's Comment
Gov't must empower DCEC urgently

As the new Umbrella for Democratic Change (UDC) government takes charge, it must act decisively to equip the Directorate on Corruption and Economic Crime (DCEC) with the tools, laws, and resources needed to combat graft. The time for half-measures is over. DCEC Director-General, Botlhale Makgekgenene’s, recent address to the Public Accounts Committee paints a stark picture. Over five years, leadership instability, chronic underfunding and weak...

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