It has emerged that the Law Society of Botswana failed to act in time to block Mmako Abram’s High Court appointment, learning only after the fact that President Duma Boko had already sworn her in
GAZETTE REPORTER
The Law Society of Botswana (LSB) has reportedly blundered in its attempt to block the appointment of Mmako Abram as a High Court judge, after delaying to file urgent court papers—only to learn that President Duma Boko had already sworn her in.
The swearing-in ceremony held last week also saw veteran lawyer Dick Bayford assume office as the new Attorney General, replacing Abram, whose elevation to the bench had sparked sharp criticism from the LSB.
LEFT IN DISARRAY
Information reaching The Botswana Gazette indicates the misstep has left the LSB in disarray. This follows days of strongly worded statements condemning what it called an “irregular and unlawful” judicial appointment process. The Society had planned to urgently interdict Abram’s appointment, but by the time its legal team finalised papers, the President had already completed the process.
ASSUMPTIONS BACKFIRE AS JUDGE ALREADY SEATED
Sources say LSB leadership had believed there was still time to halt the appointment. Instead, by the time the Society was ready to file, Abram had already taken her seat as a High Court judge—rendering the intended interdict impossible and forcing the organisation back to the drawing board.
LSB SLAMS JSC OVER SECRETIVE PROCESS
In a press release issued on 19 November, the LSB expressed deep concern over how the Judicial Service Commission (JSC) handled Abram’s appointment. The Society said it only learned through the media on 8 November that Abram—until recently the Attorney General—had been appointed without any advertisement of a vacancy or evidence of an application process.
The Society argued that the move flouts constitutional principles, established practice, and its own long-standing policy positions dating back to 2011 and 2023, which demand transparent and merit-based judicial appointments.
APPOINTMENT ‘EXCEEDS LEGAL LIMIT’ OF JUDGES
The LSB further noted that the High Court had already reached its statutory complement as set out in the High Court Act. “Any appointment made beyond the authorised number of judges is therefore unlawful,” the Society said, adding that the JSC has for years ignored calls for clear and public appointment procedures.
According to the LSB, the pattern of opacity within the JSC undermines judicial integrity, accountability and public confidence. The Society said it has raised these issues repeatedly for more than a decade without meaningful response.
SUBSTANTIVE COURT CHALLENGE STILL POSSIBLE
Despite the setback, sources say the LSB may still proceed with a substantive review application challenging both the legality and procedural propriety of Abram’s appointment. However, critics argue the delay has likely cost the Society vital ground in a battle it had hoped to stop before the appointment became a legal fait accompli.