Theorising about Judgeship
Friday, January 17, 2020
I have always recognised the synergy and symbiotic relationship between scholarship and judicial craft. The wheels of justice require scholarship to remain oiled at all times and fit for purpose. I also firmly believe that civic education pertaining to the work judges do; on the independence of the judiciary and the rule of law is important in ensuring that law is rescued from the monopolistic clutches of lawyers and elites, and is capable of being understood or owned by the people, whom it is intended to serve.
I was reminded of this imperative around the just ended festive season, when I was at home, and had the pleasure to listen to members of the public, at various public meeting places, critique lawyers submissions in court and the conclusions the judges reached with respect to various matters serving before them. Given that all these involved elections and election petitions, the debates were unsurprisingly quite animated. The judges and the lawyers were not spared. It would seem that on matters of national importance, the great current that often hit the general body politics does not spare judges either.
While his leadership has brought about significant progress and development, it is imperative that he exercises greater caution in his choice of words, particularly when addressing sensitive matters.One of the primary concerns is the potential impact of his remarks on Botswana’s relationship with De Beers, the diamond mining giant that plays a crucial role in the nation’s economy.The partnership between Botswana and De Beers has been mutually...