All indications are that there is an internal, albeit informal, discussion within the members of the judiciary to put in place a mechanism that would lead to a declaration of assets and interests by members of the judiciary.
Coming from within, this is most welcome indeed.
Over the recent years, there have been many complaints ranging from appointments of the judiciary to complaints that standards have gone down.
Government has maintained that there has never at anytime been attempts on the part of the executive to influence the judiciary.
Our inclination is to take government’s word for it, more because the judiciary itself has said it has not seen anything resembling undue influence on itself, but also because those holding a contradictory view, who in legal parlance have the burden of proof on their shoulders have thus far done nothing to adduce any such proof.
Having said so, we want to add that the credibility of the judiciary is not at all immune from public perceptions.
When perceptions persist to the effect that the judiciary is not as clean as it used to be, those in positions of authority need to listen before they can dismiss such insinuations out of hand, however unfounded.
Keeping the public faith in the judiciary is of utmost importance in any democracy.
All attempts to redeem the high name of the judiciary are, therefore, most welcome.
Which is why we welcome an initiative by a section of the judiciary to put in place a mechanism through which the judges and even magistrates could declare their interests and assets.
With growth of the economy, it is common course that there has also been growth not just of the volumes of commercial disputes that go before the judiciary for arbitration or adjudication but also the frequency of the same.
Because judges are not precluded from engaging in business deals, it, therefore, is entirely in order that their dealings are seen to be above reproach.
This is because the judiciary in Botswana is one of the most important arms of government which consists of the executive, Legislature and the Judiciary.
Our hope is that the paper, written by Justice Letsogile Mothobi and on which we reported three weeks ago, will not be allowed to fall between the cracks.
Given the sensitivity of the judiciary, there is no need for a public debate that as experience has shown often results in mudslinging, insult-hurling and name-calling.
Our hope is that Mothobi’s paper will provide a point of reference as well as starting point for future developments on the matter.
There is a well-known aversion for declaration of assets among some leading lights in Botswana’s cabinet.
Reasons for these are not yet clear.
But it is reasonable enough to say that the executive does not want to declare their assets because they feel they are better off retaining those out of the public eye.
There is a perception that declaring assets, interests and liabilities will make the leaders lose their rights to privacy; far from it.
The truth is that unending speculation on the assets and interests of those in power is much more detrimental than allowing for a more systematic public declaration.
In fact, in the past, ministers and indeed presidents have been unfairly accused of possessing assets which have tended to be falsely attributed to them.
All the pain and agony they and their families suffered could easily have been averted by agreeing to a process of public declaration of assets and interests.
We hope our political leaders will take a leaf from what is currently playing out in the judiciary.
We want to end by addressing ourselves to the country’s opposition, especially those that are Members of Parliament.
Our view has always been that given their relatively few numbers it would be much easier for opposition in parliament to come up with a skeletal framework that they could use.
All that is needed is political will, which, unfortunately, is currently lacking among our Members of Parliament from the opposition benches.
What this crop of MPs does not fully appreciate is the amount of goodwill that they stand to garner from such a process, especially if it comes not as a result of any law.
We once again draw solace from what is emerging from some sections of the judiciary.
It will be a long process, but the building blocks are there for all to see.
If only it can be embraced.
