Botswana’s newly-appointed Chief Justice, Gaolapelwe Ketlogetswe, has acknowledged a noticeable drop in public trust and confidence in the judiciary and committed himself to restoring its credibility to make it “the envy of the African continent” by steering it away from unnecessary controversy, writes TEFO PHEAGE
The newly-appointed Chief Justice, Gaolapelwe Ketlogetswe has openly acknowledged “a discernible drop in public trust and confidence in the judiciary by members of the public”.
Speaking at the Opening of the Legal Year in Gaborone this week, he vowed to address this issue by promoting greater accountability and transparency within the judiciary.
“As part of promoting judicial accountability to the nation, the Chief Justice, together with the leadership of the judiciary, shall be addressing the public through the Chief Justice’s Annual Press Conferences,” he said. “These will be held at the end of every legal year to take stock of our activities during the year past.”
World-class service
The press conferences, he added, would be open to both public and private media houses, offering the public a chance to hold the judiciary to account.
Reflecting on the history of Botswana’s judiciary, the Chief Justice described it as an institution committed to world-class service. He emphasised that the independence, impartiality, and ethical approach of the judiciary have long been core values that judges and magistrates work tirelessly to uphold.
“The future outlook of any organisation depends on its time-tested organisational culture,” he noted. “The judiciary of Botswana has always sought to provide a world-class service to our people by remaining independent, impartial, ethical, and selflessly humble in the discharge of its mandate.”
Humility
The Chief Justice promised to lead Botswana’s judiciary into a new era, building a team of judicial officers and support staff that will make it “the envy of the African continent”.
On the role of the Chief Justice, he emphasised that while the office is significant, it requires humility. “The Chief Justice is not above other judges but is the first amongst equals,” he noted.
“The Chief Justice is the Chief Administrator, Spokesperson, Public Relations Officer and Accounting Officer of the Judiciary, and plays a central role in planning, leadership and conflict management within the courts.”
In discussing the critical role of the Judicial Services Commission (JSC), Chief Justice Ketlogetswe called it the judiciary’s constitutional body responsible for providing strategic leadership.
Unnecessary controversy
“The JSC must reposition itself to ensure the judiciary remains a credible institution with integrity and a good reputation,” he stated. “As the Chief Justice, therefore, I am awake to the task that lies ahead, that is, the responsibility to steer the judiciary away from any unnecessary controversy.”
The judiciary has been mired in controversy, with former president Mokgweetsi Masisi recently retired Chief Justice Terrence Rannowane and High Court Judge Gaolapelwe Ketlogetswe at the centre.
Their dispute traced back to 11 August 2022 when then Justice Ketlogetswe wrote to then President Masisi, accusing Rannowane of attempting to influence his judgment in the unlawful arrest and detention case of then MP for Lobatse Thapelo Matsheka.
Transparent tribunal
Justice Ketlogetswe urged Masisi to consider Rannowane’s removal as Chief Justice.
The issue disrupted the judiciary, drawing in the Law Society of Botswana (LSB) and the Judicial Services Commission (JSC). Masisi referred the Justice Ketlogetswe’s complaint to the JSC, a move that LSB challenged, demanding a transparent tribunal within 30 days to investigate then Chief Justice Rannowane.
LSB criticised Masisi’s alleged failure to act promptly on the allegations of judicial interference claims.
Former minister of State President Kabo Morwaeng was also implicated, with the Justice Ketlogetswe asserting that then Chief Justice Rannowane and Morwaeng’s meddling in the Matsheka case undermined judicial independence.
In another case, Judge Tshepo Motswagole accused Masisi, then Chief Justice Rannowane, Court of Appeal Justice Tebogo Tau, and the Attorney General of maintaining an unfair system for appointing judges to appeal cases.
Impeachment
He alleged that certain High Court judges were selectively invited to the Court of Appeal without a fair and objective process.
Before then, Amnesty International and the SADC Lawyers got involved after four High Court judges were suspended by then president Ian Khama in October 2015 for alleged misconduct and bringing the judiciary into disrepute. This followed a petition signed by12 judges, including the four, calling for impeachment of then Chief Justice Maruping Dibotelo.
Amnesty International and the SADC Lawyers Association called for reinstatement of the four, namely Key Dingake, Mercy Garekwe, Rainer Busang and Modiri Letsididi, “if the independence of the judiciary is to be preserved”.