Chief Justice Terrence Rannowane has filed a complaint of “gross misbehavior” with the Judicial Services Commission (JSC) against Judge Gaolapelwe Ketlogetswe. This follows a decision by Justice Ketlogetswe to report him to President Mokgweetsi Masisi earlier this year alleging judicial meddling. Chief Justice Rannowane has written to the Judicial Services Commission (JSC) calling on the commission he chairs to take action against Ketlogetswe for “gross misbehavior”.
Rannowane states in his complaint that the “malicious falsehood” contained in Ketlogetswe’s letter to President Masisi has caused him reputational damage as the head of the Judiciary as well as the entire Judiciary of Botswana. “Judge Ketlogetswe has clearly breached several provisions of the Judicial Service (Code of Conduct and Enforcement Procedures/ Regulations.” Rannowane says Ketlogetswe has specifically breached Regulation 5(1) which provides, among others, that: “A Judicial Officer shall conduct himself or herself with integrity so as to sustain and enhance public confidence in the Judiciary”. The Chief Justice also goes on to cite Regulation 13 which defines misbehavior as engaging in “public or private conduct likely to bring the administration of Justice into disrepute.”
Rannowane further “note with concern” that Justice Ketlogetswe was at the forefront of the circulation of a Petition seeking the impeachment of former Chief Justice Maruping Dibotelo in relation to him seeking an accounting for unlawful housing allowance claims. “I must also note with concern that judge Ketlogetswe chose to report me to the Executive contrary to the clear complaint procedure provided for in the Judicial Services (Code of conduct and Enforcement Procedures) (Cap.04:03) Laws of Botswana. This was clearly meant to politicize the matter for the purposes of achieving maximum damage to my reputation and that of the Judiciary.” The Chief Justice (who is also Chairman of JSC) goes on to call for the Commission to urgently convene to deal with the matter.
“The continued assault by the private press, the Law Society of Botswana, and the Botswana Congress Party on me and the Judiciary must be responded to and addressed immediately before the public confidence in the integrity of the Judiciary is completely lost which will lead to lawlessness and anarchy.”
In the letter, Chief Justice Rannowane denies the allegations made by Ketlogetswe against him. Ketlogetswe complained to President Masisi earlier this year that the Chief Justice, and Minister of State President Kabo Morwaeng tried to influence him to unlawfully extend the remand detention of Lobatse Member of Parliament and former Minister of Finance Thapelo Matsheka. In response to Rannowane’s letter to JSC Ketlogetswe has also filed an application calling on the Commission to give attention to his initial complaints to Masisi before they can consider addressing the Chief Justice’s plea.
He also seeks (among others) an order declaring that the JSC has no jurisdiction to enquire into a complaint of an alleged misbehavior by a judge of the High Court, adding that the complaint of gross misbehavior lodged with the JSC by the Chief Justice is based on an alleged infraction unknown to the Constitution. Ketlogetswe also calls the application by Rannowane an illegal or irrational or unreasonable exercise of authority saying it offends the rules of natural justice, particularly the principle that no one should be a judge in their own cause. Ketlogetswe continues to maintain that Chief Justice Rannowane attempted to influence his decision in the Matsheka case. In the hard hitting letter to Masisi Justice Ketlogetswe called on the President to subject Justice Rannowane to an enquiry to determine his fitness to continue holding judicial office as Chief Justice.
Ketlogetswe claims that ahead of his ruling ordering the release of Matsheka, he was subjected to pressure by the Chief Justice and the minister of State President. Justice Ketlogetswe says Minister Morwaeng asked him for a meeting, but he turned down the request as that “would have been the most inappropriate thing to do on my part.”
