The Nganunu saga: What should happen now?

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Much has been written and said by jurists and academics in Botswana and elsewhere about judicial independence, judicial interference, judicial impartiality and various other phrases and permutations of words often used to describe what is broadly the same thing i.e. the means by which the judiciary is freed, to the extent possible, from pressures and influence in the execution of its judicial functions so as to enable it to apply the law impartially and without fear, favour or prejudice.

The one thing that stands out in most of these writings and pronouncements is that they refer to interference with the judiciary as an institution. They address interference with the judiciary by the two other institutions in the trias politicas (the three arms of government), namely the executive and the legislature. One will rarely come across works, either academic or judicial, dealing with interference within the judiciary itself, that is to say, where one judicial officer seeks to interfere with the exercise of the judicial discretion or work of another.

I would venture to say that this rarity exists because judicial officers are mostly (certainly not always) persons of high moral and ethical integrity. One would suppose that they would not even contemplate improperly influencing one another, presumably because they appreciate the importance of a judicial officer doing the correct thing under the circumstances of a particular case, whose peculiar circumstances may not readily be appreciated by another judicial officer.

Editor's Comment
A call for collaboration in Botswana’s media landscape

This call is both timely and crucial, as it reflects a growing need for unity and collaboration amongst media bodies to address pressing issues facing the nation.The theme of this year’s Press Freedom Day, “A Press for the Planet: Journalism in the Face of the Environmental Crisis,” resonates deeply with Batswana, particularly in light of the ongoing human and wildlife conflict. Botswana’s rich wildlife population is not only a national...

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