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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.

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Editor's Comment
Celebrate responsibly, put safety first this holiday

“Safety first is safety always”– Charles M HayesAs most people begin travelling across the country to spend the President’s Holidays with family and friends, there is every reason to embrace the joy and togetherness that this period brings.While holiday periods bring joy, they are sadly often accompanied by a rise in road accidents, violent incidents and other avoidable tragedies. Too often, families that set out to celebrate together end...

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