The brilliant conservatism of Justice Kirby’s Court- (Part II)
Friday, December 24, 2021 | 1300 Views |

Justice Kirby handing down his very last judgement on LEGABIBO case PIC: THALEFANG CHARLES
Jurisprudentially a close academic scrutiny of his judgements; how he elected to exercise the options before him in any case reveal him as being inclined to legal positivism. In many high stake cases of national importance his deference to the executive was often undisguised.
The case in point was the case of Bopeu v the Attorney General. At issue was whether the dismissal of the public sector employees who embarked on a strike to press home their demands for better working conditions were lawfully dismissed. They had contended before the High Court and the Court of Appeal that their dismissal was unlawful because a hearing did not precede it.
Botswana for the longest time was known for her virulent peace with family being an enviable institution.As the media, we are also scared to be incessantly reporting on these bloody scenes where women are brutally murdered and worse, sometimes in front of their children and loved ones. Yes, we have reported cases where men were also brutally murdered by their loved ones, but such cases are a drop in the ocean.For the past two weeks, Botswana was...