Justice Ketlogetswe has taken offence offence that the Chief Justice Terrence Rannowane made mention of him at one point being a member of the Botswana National Front (BNF). He says that this is a historical fact and he sees no connection between digging his past and addressing his concerns as addressed in the initial letter to President Mokgweetsi Masisi. Justice Ketlogetswe said he ceased being politically active a long time ago before he was appointed a judicial officer.
“I thought this could be the stuff of our biographies, beyond our judgeship. ”Before being appointed a high Court Judge, Ketlogetswe served as a Magistrate. Justice Ketlogetswe was replying to allegations by the Chief Justice that he (Ketlogetswe) was at the forefront of a stone-throwing saga that resulted in destruction of government property in Palapye that resulted in the creation of the Botswana Congress Party as a “narrative which is clearly untrue”.
“It is utterly incorrect that I threw any stone, let alone damaged any property, including that of government. I place it on record that at the time, I was a self-respecting practicing attorney of our courts and obliged, ethically, to be law abiding. The Honourable Chief Justice must be fair to me. There is no need to throw mud at me,” said Judge Ketlogetswe. He further states that that the issue that he raises against the Chief Justice’s “wrongful and unlawful conduct towards me and the general administration of justice is very straight forward and His Lordship must find it in himself to fairly deal with it.
No amount of mudslinging will obliterate his wrongful conduct, and he knows it. He seems to begrudge the fact that even with that history of having been associated with the BNF, an opposition party, I was ‘Yet ….appointed a Magistrate and subsequently a High Court Judge.’ This is very unfortunate. I never thought my personal history, unless if it was something illegal, would have any bearing on what I became in life. I am also a citizen of this country, just like the Honourable Chief Justice, and I am entitled to serve my country in any capacity where my capability is not in question. My history in the opposition politics should not be used to unfairly and wrongfully malign my character.” Justice Ketlogetswe said he was “dismayed” and “utterly shocked” by the tone of the letter by Chief Justice Terrence Rannowane to President Mokgweetsi Masisi in response to his initial one where he had asked the president to consider subjecting the Chief justice to an enquiry into his fitness to continue holding judicial office as chief justice.
The Sunday Standard has seen copies of highly emotive letters written by both the Chief Justice and Judge Ketlogetswe.In his first letter, Judge Ketlogetswe had complained of “misbehaviour on the part of the Honourable Chief justice.” ’Judge Ketlogetswe had also complained of the Minister of State President, Kabo Morwaeng. Justice Ketlogetswe alleges that the two had put pressure on him to rule against former cabinet minister Thapelo Matsheka who had sought to be released from detention by the intelligence services agency (DIS).
“The Honorable Chief Justice has, to my dismay and utter shock, chosen not to deal with the substance of my complaint, but instead, has chosen to engage in mudslinging and character assassination.” Judge Ketlogetswe said he was appalled that the Chief Justice “could find it proper to stoop so low, and attack a colleague’s character without any due self-restraint. But since that is the route he has chosen, I will answer his accusations, but will do my best to steer clear however, of any unnecessary and irrelevant hyperbole, but making sure that each of his allegations against me are responded to,” he said. On the allegation by the Chief Justice that he (Judge Ketlogetswe) is preparing for loads of dead lizards to send to the Chief Justice as the former Chief Justice Maruping Dibotelo had previously been sent a dead lizard as some form of witchcraft, Judge Ketlogetswe says he is not aware.
“I do not keep lizards, let alone dead ones. If the Honourable Chief Justice believes in witchcraft, I want to assure him that I do not practice that craft nor do I believe in its powers. Again the Honourable Chief Justice has chosen to engage with irrelevancies.” Not for first time Judge Ketlogetswe implores the Chief Justice to stop being “alarmist and address the grave issue” as referred to the State president.On the accusation by the Chief Justice that he (Judge Ketlogetswe) had been “irresponsible” in that at one point he had been involved in a traffic accident while driving a vehicle that had not been insured, Judge Ketlogetswe says he does not fault the Chief Justice’s value judgement on his decision to drive a vehicle that had not been insured.
“But that is not an issue of concern. I am not on an insurance trial. He is the one who must explain his conduct in attempting to wrongfully interfere with my exercise of judicial functions.” On yet another allegation that following the accident, Judge Ketlogetswe went to the Chief Justice “begging and pleading” that he be allowed to encash leave days, he says he only put in a request “like any employee would, on compassionate grounds, and my request was acceded to without any demur from the Honourable Chief Justice.”
“I am now surprised to learn this late that the Honourable Chief Justice was acting under some clearly self-generated duress to appease me and buy peace for the organization. I am lost for words. The Honourable Chief Justice is not even saying I was not entitled to make the request, nor that the decision to authorize that I be allowed to encash my accumulated leave days was one he could not make in terms of the law. I am left wondering as to whether or not the Chief Justice is saying he acted outside the law due to duress or what.
I am again lost for words. Neither is the Chief Justice alleging that there was no peace in the organization at my instance at the time. I am flabbergasted. If the Chief Justice had made the slightest disclosure at the time that he was buying me off, I would have declined his offer. I am not purchasable, nor will I put any decision maker circumstanced as the Honourable Chief Justice to do me any favors under fear or duress.”
