Separation of powers a mirage - Saleshando
Leader of Opposition, Dumelang Saleshando has dismissed President Mokgweetsi Masisi’s assertion that the creation of Ministry of Justice will solidify the principle of separation of powers.
Masisi in his public address last week, stated that being one of the new Ministries, the Ministry of Justice will solidify the principle and practice of separation of powers. According to Masisi, the portfolio responsibility of this Ministry will singularly entrench the sacrosanct independence of the Judiciary and enhance the institutionalisation of good governance and the rule of law. “Furthermore, it should provide for and ensure that the public develops a basic level of awareness and understanding of constitutionalism and the imperative to know about, promote, protect, and defend the rights of access to justice for all.”
Saleshando told this publication that Masisi believes that after the creation of the Ministry, Botswana now has enhanced separation between the Judiciary and the Executive. He stated that the influence of the Executive arm of government over the judiciary, has been reduced, if we are to accept the reasoning by the President.
“In Botswana, the influence of the Executive over the Judiciary manifests itself in two ways, firstly, through the system of appointing judicial officers and secondly through allocation of resources to the judiciary.
The President’s appointees dominate the Judicial Service Commission, a body set up to select those that serve in the judiciary as judges. Of the six members that make up the Judicial Service Commission, five earn their seats on account of positions they hold through appointment by the President. Does the creation of a stand- alone ministry insulate the selection process to minimise executive influence over the appointment of judges?
The answer is certainly in the negative. Still on the issue of appointments, the President singularly decides on promotions within the judiciary and is not bound by any principles or protocols,” said Saleshando, who is also President of Botswana Congress Party.
He explained that it is the President who single handedly decides on who should be the Chief Justice and the head of the Court of Appeal.
Further, adding that the President needs not take any objective criterion such as experience of efficiency into account when making the appointments.
Saleshando pointed out that when it comes to resource allocation to the Judiciary through annual budgets, there are no safe guards to ensure that the Executives role in determining the allocation of resources is in line with the best interests of the Judiciary.
The Maun West MP said: “The Minister of Justice does not need to disclose what the judiciary independently requested as their financial requirements, versus what the Minister presents to Parliament.
Finally, Parliament remains under the Office of the President.
If the President was minded to attain greater separation of powers, why does Parliament remain under the Office of the President?
The assertion by President Masisi that the reorganisation of government will among other things deliver greater separation of powers is completely without basis and was meant to mislead the nation.”