Africa Regional Judges Forum applaud Justice Garekwe’s appointment
Unleashes hope for gender equity in judicial appointments
The appointment of Tapologo Mercy Garekwe as Justice of Appeal to the Botswana Court of Appeal has unleashed hope and renewed confidence among female lawyers, magistrates, and judges.
Some have complained of sometimes being systemically faced with the proverbial “glass ceiling” in year quest to ascend to top posts within the judicial landscape.
Last month, Botswana Guardian carried a story on alleged corruption in the appointments and promotions structure in the judicial system, which Government slammed as unfounded and untrue claims.
However, some insiders have maintained that overlooking deserving women for positions based on gender prejudice is a pervasive sexist culture within the judicial system, which persists, despite gender progressive laws that are expected to uphold gender equity and equality in the workplace.
A judicial worker who spoke
on condition of anonymity said the hope is that Garekwe, whose two- decade- long career was dented for three years following a suspension together with three other judges, was an act of affirmative action and not necessarily political expediency as has been widely speculated.
“We don’t know what criterion was used to appoint her but we hope that her credibility, experience, and education were top priority.
“Under the current climate within judicial structures, it is tough for women to ascend to top influential positions, not only because of gender stereotypes but other challenges such as sexual harassment and soliciting sexual favours in exchange for promotions which is a source of contention in the sector.
“It is an unfair practice which not only demoralises and frustrates women in the judicial system but undermines the ethos of fair practice and gender equality.
“Gender discrimination is quite archaic and the judicial system should reflect this as espoused in the national transformative agenda Vision 2036 and National Policy on gender and development, which stipulates the need to implement mainstreaming gender into the justice system”.
A lawyer, who didn’t want their identity revealed said, “it’s ironic” that judges and lawyers are professionally champions of human rights but they are usually scared to speak up on issues of gender imbalance and inequality.
“It took 19 years for one woman to ascend to a top legal position but it takes many men much less and even then, they are not faced with any systematic challenges. No one questions the ascension of a man through the ranks but once it’s a woman, questions arise on whether it was affirmative action, political expediency, or sexual favours.
“Why not look into the woman’s ability, competence, and experience as an equal to men who have the same credentials? Unfortunately, there is also a ‘ big boys club’ which some women are expected to try to break into in order to ascend to influential roles within the judicial system”.
The lawyer said some women are often demoralised by the systematic gender imbalance.
“For some of us, being judges is a pipedream. Many women are frustrated by the judicial system and end up leaving for the corporate sector where they get paid well and there is not much politics.
“Structural reforms are necessary and the hope is that in future, we will see more female faces as a form of gender representation and to also inspire women to know that they are heard and seen and their contribution is valuable in the development and implementation of upholding legal systems in the country”.
Garekwe’s efforts have not gone unnoticed and the Africa Regional Judges Forum ( ARJF) this week commended her due diligence throughout her career. ARJF applauded Garekwe’s appointment as progressive.
ARJF president Justice Key Dinkgake indicated in a statement that it is admirable that Garekwe is the second woman to be appointed to the Court of Appeal since its formation, adding that “this is a great feat for not only women in the judiciary but across Botswana, Africa, and the world over”. Garekwe will join Justice Leatile Dambe, who holds the distinct honour of being the first woman to be appointed to the Court of Appeal.
Dingake also expressed confidence in Garekwe’s competency and experience, adding that her abilities had been welldemonstrated over the years in her capacity as a judge, and in her valuable contribution as a member of ARJF, which she has been a member of since 2011.