The judiciary, the legal fraternity and the nation are mourning the sudden passing of Justice Lakhvinder Singh Walia, a jurist whose influence on the legal system will endure long after his departure.
Justice Walia to the many who knew him was more than a judge; he was a symbol of Botswana’s maturing democracy, a staunch believer in constitutionalism, and a tireless advocate for the integrity of the courts.
Born in a Sikh family with having Indian descent according to his biography , Justice Walia’s journey to the highest positions of Botswana’s judiciary began with his appointment as an Acting Judge of the High Court in 2001, a position to which he brought experience, humility, and uncompromising discipline from having practiced as a private attorney for many years.
He was confirmed as a substantive judge in 2003, and from thereon, his rise was steady, marked by rigorous legal scholarship and a growing reputation for sound judgment and clarity of thought.
In 2014, at a time when Botswana was navigating complex political and legal transitions, Justice Walia was appointed Acting Chief Justice of the High Court, demonstrating not only the trust placed in his leadership, but also the depth of his judicial acumen.
His eventual elevation to the Court of Appeal in 2017 placed him among the country’s most senior and respected legal minds, where he continued to shape key precedents and influence the course of national jurisprudence.
Justice Walia’s judicial philosophy was grounded in the primacy of the Constitution, the protection of civil liberties, and an unshakeable belief in judicial independence. Throughout his career, he presided over some of the most consequential and sensitive cases in Botswana’s legal history.
Perhaps most emblematic of his principled approach was his role in the landmark case affirming the rights of the San people in the Central Kalahari Game Reserve. In a decision that drew global attention, the court upheld the San’s right to water access on their ancestral lands a ruling that affirmed both human dignity and environmental justice. Justice Walia’s involvement in the case cemented his place in Botswana’s human rights history and demonstrated his concern for those whose voices are often unheard in courtrooms.
In 2011, he was the judge in a case of an American national, a veterinarian, Dr. Clay Wilson. Wilson went to the high court against then President Ian Khama's interference in administration of justice and his remarks. President Ian declared him as a prohibited immigrant. Walia gave his judgement against Wilson and asserted that he must go home.
In 2020, Walia overturned High Court's decision to not hear appeal of Umbrella for Democratic Change (UDC) about irregularities in elections. He allowed the opposition to appeal against the election results at the Court of Appeal. He stated the appeal case by UDC was reasonable.
Later, he was among the judges that heard the case against former President Khama. Walia and other judges were not happy with the involvement of nation's spy agency which declared Khama as a national security threat. Walia further questioned and criticised the spy agency of Botswana, Directorate of Intelligence and Security and their work in the case against Khama who called the charges against him as fabricated.
His judgments also touched on politically sensitive areas, including cases involving electoral disputes, public appointments, and constitutional interpretation. Justice Walia never allowed political winds to influence his reasoning. He was known for holding state power to account while maintaining judicial restraint and fidelity to the text of the law.
In the courtroom
Like many great jurists, Justice Walia’s career was not untouched by controversy. His contract extensions beyond the statutory retirement age raised concerns in some quarters regarding judicial succession and independence. Additionally, he was the subject of allegations of misconduct, including complaints lodged with the Judicial Service Commission and investigations reportedly taken up by anti-corruption agencies, it all left him without blemish.
These episodes, while contentious, did not define his legacy. Instead, they highlight the complexities of serving in the highest tiers of public office especially in times of intense political and institutional pressure. Through it all, Justice Walia remained resolute in his belief that judges must serve not for popularity, but for principle.
His integrity in the face of criticism became, paradoxically, a marker of the depth of his commitment to the institution he had dedicated his life to. Whether praised or questioned, he remained a constant presence firm, deliberate, and intellectually uncompromising.
Meanwhile, in his courtroom, Justice Walia held power and authority but outside the formalities of the bench, those who knew him speak of a man of quiet dignity, astute observation, and a strong moral compass. It is said that he believed in the power of law to bring order, justice, and peace and he gave his life in service of that belief.
Justice Walia’s role in Debswana/Infotrac case that sparked judicial integrity debate
The integrity of Justice Lakhwinder Singh Walia came under public scrutiny following his involvement in the high profile legal battle between Debswana Diamond Company and intelligence consultancy firm, Infotrac. The matter, heard before the Court of Appeal in July 2023, raised serious questions about judicial impartiality, conflict of interest, and courtroom conduct in Botswana’s apex court.
The dispute stemmed from a 2022 High Court ruling in which Infotrac was awarded P110 million for what it claimed were covert consultancy services rendered to facilitate the appointment of Debswana’s Managing Director. The judgment, seen as controversial, was subsequently challenged by Debswana at the Court of Appeal.
Justice Walia, sitting alongside Justices Tebogo Tau and Johan Froneman, presided over the appellate hearing. During oral arguments, Infotrac’s legal representative, Advocate Kgosietsile Ngakaagae, expressed concerns over what he described as an unusually hostile and “combative” line of questioning from the bench particularly from Justice Walia. He later lodged a formal complaint, asserting that the conduct of the panel compromised his right to be heard.
Beyond courtroom demeanour, the matter escalated when Infotrac's director, Mompoloki Motshidi, alleged that Justice Walia failed to disclose prior and ongoing connections with parties representing Debswana. Specifically, Walia had previously been a partner at Armstrong Attorneys, the law firm acting for Debswana, and his wife was, at the time, employed as the personal secretary to one of Debswana’s lead counsel, John Carr-Hartley.
These concerns formed the basis of a recusal application submitted to the Court, in which Infotrac requested that Justice Walia, and potentially the entire panel, step down from the matter. The application cited a reasonable apprehension of bias and breach of the principle of natural justice.
The Court of Appeal, however, dismissed the application as “spurious and entirely without merit.” The bench reaffirmed that mere professional or personal associations, without demonstrable evidence of actual bias, were insufficient grounds for recusal under Botswana’s legal standards. It further warned that repeated baseless allegations against judicial officers could amount to contempt of court.
Beyond his courtroom contributions
Justice Walia was a mentor to many, often taking younger judges and legal practitioners under his wing. He encouraged rigorous legal reasoning, a strong sense of professional ethics, and, above all, service to the people through the law.
He advocated strongly for the independence of the judiciary, warning against any encroachments by political or external forces. His voice was particularly influential during national debates on judicial reforms, where he argued for preserving the dignity and impartiality of the courts above all else.
A loss to the legal fraternity
Justice Walia’s passing leaves a void in Botswana’s legal system, but his impact will be felt for generations. His judgments continue to be cited in courtrooms. His interpretations of the Constitution have helped define the boundaries of government power. And his example reminds us that the pursuit of justice is both a noble calling and an enduring struggle.
As Botswana continues to evolve as a democracy, it does so on foundations that Justice Walia helped fortify brick by brick, ruling by ruling and as the judiciary bid farewell to one of Botswana’s most consequential jurists, the country honour not only his judgments, but also his courage, his intellect, and his unwavering sense of duty away from the many controversies he was facing.
Justice Walia succumbed to an undisclosed illness this week. May his soul rest in peace.
