LSB, Motumise case wrongly decided
Friday, February 12, 2016
Firstly, the court, did not refer to the rudimentary tenet of construction, to wit, that constitutional provisions must be given a broad, wide and generous interpretation( see the Dow Case), obviously in view of the fact that a constitution like ours is an organic instrument which must constantly grow and evolve with the ever varying circumstances of the society(modern).
Premised on this canon of construction, i expected the court to give section 96(2) a wide interpretation which would include that where an appointing authority is vested with powers such as to appoint judges in our scenario and it decides to reject a recommended candidate it must furnish reasons for such outright rejection.
The recent disclosure by the IEC that 2,513 registrations have been turned down due to various irregularities should prompt all Batswana to meticulously review the voters' rolls and address concerns about rejected registrations.The disparities flagged by the IEC are troubling and emphasise the significance of rigorous voter registration processes.Out of the rejected registrations, 29 individuals were disqualified due to non-existent Omang...