The suspended judges, namely Key Dingake, Mercy Garekwe, Ranier Busang and Modiri Letsididi are effectively accused of instigating a rebellion. The issue started with an alleged accusations on the Judges by the Chief Justice that the judges are receiving housing allowances whiles being housed in official residences, something he allegedly found criminal and reported to the police. Judges apparently responded by a counter accusation of defamation and criminal defamation against their ‘boss’. Most of us may not know the whole story of the politics of the judiciary, we can only deal with what we see and infer that there is a problem.
The judiciary in Botswana is not new to controversy. There are instances where clearly the many have questioned its integrity, impartiality and lost confidence in the organ. Many Batswana are highly suspicious of the courts because of the system of appointment of judges. The Chief Justice and the Judge President, the administrative head and the head of the superior court of record respectively, are appointed by the President and it is not provided for that in appointing them he must act in accordance with the advice of the Judicial Service Commission (JSC). Many people think these two officers on many occasions serve the interests of the appointing authority, sometimes in a manner that brings the institution's impartiality and integrity into question. Other judges are appointed by the president acting in accordance with the advice of the JSC. Industrial Court Judges are not appointed on the advice of the JSC notwithstanding the court's equal standing with the High Court.
