JSC lures prominent lawyers to the Bench
Prominent lawyers have been reluctant to apply for positions of judges
The Judicial Service Commission ( JSC) has introduced the Expression of Interest ( EOI) approach to lure senior and prominent lawyers to apply for judge positions.
Vice President Slumber Tsogwane says the JSC had noted over the years that senior, prominent and outstanding lawyers were not applying for vacant positions as they are successful in their own right and have no need to apply for a job.
Rather, they would wish to serve the country as Judges if selected for interview by the JSC itself, said the VP.
According to Tsogwane, the new procedure sought to combat this issue by introducing the Call for Expressions of Interest. He stated that this procedure has ensured that the JSC has a list that includes prominent and outstanding lawyers to shortlist from which doesn’t involve them applying. He explained that only those who confirm their availability at the time of a vacancy will be called for interview at that time.
“To ensure transparency, the representative of the Law Society of Botswana sitting in the Judicial Service Commission is included in every shortlisting and interview process.
“The short- listing Committee of the JSC comprises of the Chief Justice, the President of the Court of Appeal, the Attorney General and the representative of the Law Society. To combat the problem of outstanding lawyers not applying, members of the public, relevant interest groups, and the Law Society of Botswana, have been requested through the Call for Expression of Interest, to encourage outstanding lawyers to enter their names on the Register to ensure that the best available talent is availed for service on the bench,” said Tsogwane.
The VP told Parliament during Leader of the House question time that prominent members of the profession are now able to declare their willingness to serve without being required to apply whenever a vacancy arises and the JSC has seen a marked increase in the number of prominent members of the profession submitting their names to be added to the Register.
This, he said, shall remain the procedure laid down by the JSC unless and until they see it fit to adapt the process further.
“The Judicial Service Commission is empowered by Section 103( 5) of the Constitution to regulate its own procedure, and this procedure is adapted from time to time to enhance its effectiveness.
“This position was emphasised in the Court of Appeal Case of the Law Society of Botswana & Another v The President & Others (“The Motumise judgment”).
“An example of the adaptation in the appointment procedure was the introduction, several years ago, of advertising vacant positions of High Court Judge.
“Prior to this adaptation, High Court Judges were approached through a head- hunting mechanism and offered appointments as Judges of the High Court,” said Tsogwane, adding that the recent introduction of a comprehensive sworn application form was another such change together with the introduction of psychometric assessments.
He pointed out that Judicial appointments are very important and care must be taken in the public interest to ensure that only those whose professional and private lives are above reproach and who are outstanding performers are appointed.
He indicated that the JSC considers that if a candidate does not wish to be transparent in all respects, then his or her appointment would not be safe.
All information provided in the application forms is provided in strictest confidence and no one who is suited for appointment should have any fear of making full disclosure, after which, the shortlisted applicants will be interviewed, and the successful candidate will be selected, Tsogwane assured. “The new procedure arose from indepth debate on the effectiveness of the existing system of ad hoc vacancy advertisements and was unanimously agreed upon by all Members of the Commission comprising representatives of the Public, of Government, of the Law Society and of the Judiciary. “Candidates who respond to the call for expressions of interest are required to ensure that they qualify for appointment to the position of Judge of the High Court in accordance with the detailed and comprehensive criteria laid out in the notice and in section 96 of the Constitution of the Republic of Botswana,” said the VP.