Judicial Service Commission must investigate Chief Justice’s conduct
The judiciary is at the crossroads with an integrity that is standing on shaky grounds.
Allegations that Chief Justice Terrence Rannowane and Minister for State President Kabo Morwaeng tried to influence a judge in the Dr. Thapelo Matsheka case are of great concern.
It goes without saying that judges are charged with the ultimate decision of life over death.
They decide on our freedoms, rights, duties and property of citizens, and therefore their integrity and independence cannot be in doubt.
Lord Neuberger - a former President of the United Kingdom Supreme Court – says that when a judicial system is correctly calibrated, the law is applied by judges fearlessly, without favour and with respect.
He further argues that that is why judicial security of tenure is so fundamental: it ensures that a judge’s ability to stay in post does not depend on pleasing the Government.
“To have judges who do what the Government tells them, who are corrupt or whose orders are ignored, is almost worse than having no judges at all.”
What is currently going on in our country if it is true is a shame. The judiciary should not be dragged into public debates for the wrong reasons.
Botswana’s judiciary has for many years been lauded for its independence and its integrity.
Therefore, it is not good for our democracy if the name of the judiciary is dragged in the mud.
Chief Justice Rannowane should rise to the occasion and safeguard the image of the judiciary before public confidence is completely eroded.
The Chief Justice’s latest attempts to discredit a High Court Judge because of his past political affiliation while he was a tertiary student surely will not win the judiciary public confidence.
Many stakeholders including the Law Society of Botswana have since come forward calling for Chief Justice Rannowane to resign from his job.
The Law Society alleges that the Chief Justice manipulates allocation of cases in high profile disputes and matters in which the executive has an interest.
The principle of the independence of the judiciary as described by the United Nations Human Rights office entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
This is the standard that we expect from our judiciary. The head of this third organ of the state, has to be a person above reproach, he must be firm, independent and above all, a stickler for justice.
But since these damning accusations are levelled against the Head of the Judiciary, we suggest that the Judicial
Service Commission ( JSC) appoints an independent Panel to investigate their veracity.
Based on the findings of the Investigatory Panel, the JSC can then determine in conjunction with the Law Society of Botswana whether the findings constitute gross violation of the Legal Code and merit the harshest sanction such as resignation or whether to test them in a court of law.
In the meantime CJ Rannowane can make a public response to the allegations levelled against him.
We believe in natural justice, that every man must be heard before he can be judged, hence the legal maxim, presumption of innocence ought to apply even to justices of the court!