‘ Arrest Morwaeng, suspend Chief Justice’
CJ, Morwaeng reported to have tried to influence a judge JSC, Masisi urged to act on the matter urgently
Opposition parties and Non Governmental Organisations have called for the suspension of Chief Justice Terrence Rannowane and State President Minister, Kabo Morwaeng from duty pending investigations by a Tribunal, which they say must be set up at the quickest.
This comes after the media reported that the Chief Justice and Minister Morwaeng tried to influence a judge’s decision in a case in which Member of Parliament for Lobatse Dr. Thapelo Matsheka dragged both Botswana Police and Directorate of Intelligence and Security ( DIS) to court for unlawful arrest and detention.
Local media outlets had reported that the duo sought to interfere with the decisional independence of a judge. The opposition has argued that the attempt to influence, threaten, intimidate and even “dangle a carrot” at the judge, when presiding in the Matsheka case deserves to be condemned in the strongest terms possible.
Botswana National Front ( BNF) Secretary General, Ketlhalefile Motshegwa said there is need to uphold integrity of the judiciary and ensure clear separation of powers between the three organs of government. He stated that judicial integrity is a pre- condition to maintaining trust in the judiciary and upholding its independence.
Motshegwa indicated that in the past there have been reports of misconduct by the chief Justice citing reports of alleged forum shopping by Justice Rannowane and at some point, accusations that he was dividing the judiciary along tribal lines.
“Now he is alleged to have made an attempt to influence a judge. His conduct raises suspicions that he might have agreed to be appointed as CJ to safeguard Executive interests, seemingly forgetting that as a Judge his conduct should be beyond reproach,” Motshegwa said.
Botswana Congress Party ( BCP) has stated that the report that the CJ and the Minister acting in tandem and separately sought to influence Judge Ketlogetswe in the Matsheka case bears the hallmarks of BDP factionalism gone evil.
According to BCP Information and Publicity Secretary,
Prof Mpho Pheko this brazen and direct interference in the decisional independence of a judge has never happened before in the country. She said this speaks volumes about the extent to which the country has degenerated.
“Whilst no person should interfere with the independence of the judiciary under any circumstances, it becomes scary and scandalous in the extreme, if one of such persons seeking to bring undue pressure to bear on a judge deciding a matter is a Chief Justice.
“The bar is much higher for a Chief Justice. He is supposed to be the epitome of justice, and not to arm twist judges to decide cases in a manner he wants and to be engaged in political mud- smearing antics against a fellow judge.
“Judicial independence is the cornerstone of a democratic state. When this particular Chief Justice was appointed, concerns were raised in some circles that this was nepotism in its most naked form; that the appointment was unmerited as there were many more senior and erudite judges who were overlooked,” the BCP spokesperson said..
The BCP has called upon the Judicial Service Commission ( JSC) and the President to immediately appoint a Tribunal to look into the suitability of the Chief Justice to continue holding office.
“In our view Chief Justice Rrannowane in attempting to influence Judge Ketlogetswe as reported, literally crossed the line,” Prof Pheko indicared.
“Similarly, we condemn in the strongest terms possible the attempt by Minister Morwaeng to influence and intimidate Judge Ketlogetswe. Minister Morwaeng must immediately be arrested for attempting to subvert the cause of justice. He too must be suspended forthwith pending proper investigations,” she stated. Universal Periodic Review Working Group has also added its weight behind calling for investigations against the Chief Justice and Minister Morwaeng. The UPR NGO Working Group emphasised the need for legal rules and procedures to be respected and adhered to in relation to all court cases, regardless of the socio- economic or political status of the person concerned.
According to the organisations if indeed a complaint has been made to the President by Justice Ketlogetswe, Masisi should immediately institute an independent and transparent investigation through a tribunal, into not only the complaint laid before him, but judicial independence in the country in its broad entirety.
“We further call upon the President to relieve Honourable Kabo Morwaeng of his duties as the Minister of State President until investigations into the allegations are completed. This will ensure investigations are undertaken with assurance of non- interference,” they challenged.
Minister Morwaeng declined to comment on the matter.