• Says opposition parties failed to raise sufficient reasons
By Sesupo Rantsimako
High Court Judge, Justice Mokwadi Chris Gabanagae, has declined to recuse himself from the case in which opposition parties are challenging the recent appointment of Independent Electoral Commission (IEC) commissioners.
Gabanagae is part of a panel of three judges, alongside Justices Michael Leburu and Ookeditse Maphakwane, presiding over the matter brought by the Umbrella for Democratic Change (UDC) and other opposition parties. The opposition had objected to Gabanagae’s participation, citing potential bias due to his previous working relationship with some of the IEC commissioners.
Ruling Dismisses Recusal Request
In a ruling delivered on Tuesday at the Gaborone High Court, the panel dismissed the recusal request, stating that the opposition failed to provide sufficient grounds. “The applicant has failed to raise sufficient reasons on why Gabanagae should recuse himself from this matter. Therefore, the application is dismissed,” part of the ruling stated.
The opposition had argued that Gabanagae’s involvement in the 2022 Delimitation Commission with three of the IEC commissioners raised concerns of perceived bias. They highlighted that the judge had worked closely with the commissioners for nine months, during which they held meetings and conducted public consultations.
Opposition’s Legal Argument on Bias
The opposition maintained that the judge’s past working relationship with the commissioners created a potential for bias, as the matter in question involved the lawfulness of their appointments. They argued that it is established legal practice for judges to recuse themselves when there is a perceived likelihood of bias.
“The proximity of the concerned judge with the commissioners creates a perception of bias, especially as the matter involves their appointments,” the opposition stated in their court filings. They further requested clarification from Gabanagae regarding his intention to recuse himself, suggesting that they would otherwise proceed with a formal application on the day of the hearing.
Gabanagae to Remain on Panel
With Gabanagae’s refusal to step down, he will continue to serve on the panel presiding over the case, where the opposition is contesting the appointment of the IEC commissioners.