The Law Society of Botswana has requested President Mokgweetsi Masisi to suspend Judge Itumeleng Segopolo from duty pending a tribunal to investigate his conduct in relations to his failure to audit and hand over his trust account to Law Society of Botswana after being appointed a judge of the High Court.
The Law Society of Botswana is accusing Segopolo of failing to wind up his law firm, “Segopolo and Company” and to make matters worse, he failed to hand over files to clients, and their money back after being appointed the High Court Judge.
The Society has warned through a notice that Judge Segopolo’s failure to audit and hand over his trust account back to the Society will attract a punitive action, where the President would be requested to set up a tribunal to investigate his conduct for the benefit of the judiciary.
Sunday Standard is in possession of a letter titled: “Notice of intention to sue” which letter cited Attorney General as first respondent , President Masisi as second respondent, Chief Justice Rannowane as third respondent and Judge Itumeleng Segopolo as fourth respondent.
The Letter to Rannowane shows that the CJ never attempted to call Segopolo for any hearing to understand why he was not complying with the Legal Practitioners Act.
“The failure by Judge Segopolo to wind up Segopolo & Company despite advise from the claimant, failure also by the JSC to protect the integrity of the judiciary and assure members of the legal profession and those of the public that the rule of law is observed by appointing a tribunal, looking into Judge Segopolo’s conduct to determine whether he is fit and proper to continue holding office, including the enforcement of section 97 of the Constitution for the President to set up a tribunal to investigate this misbehaviour whilst on suspension, has run amok the very essence of what the Claimant stands for and what the Administration of Justice should be all about,” said Law Society of Botswana
The letter was received on the 10th August 2022 but the Claimant has neither been favoured with a substantive response nor an acknowledgment of receipt more than a month later, read part of the letter to Segopolo
“On or around the 10th August 2022 the Claimant wrote a letter to the Chairman of the JSC on the failure by Justice Segopolo to properly wind up his law firm Segopolo & Company upon his appointment to the bench in 2018,”said Law Society of Botswana
The Society accused CJ Rannowane and Judge Segopolo of deliberately setting on a serious matter which involves millions of Pula’s/funds which are in the custody of Segopolo’s trust account which belongs to different clients.
The Society says a period of six (6) weeks has passed since the complainant wrote to the JSC to date,but the Chairman has not taken any steps to question Judge Segopolo’s conduct on his fitness to continue holding office or to see to it that the President enforces his rights and/powers under section 97 of the Constitution to set up a tribunal
“There has been no compliance with this regulation by Justice Segopolo and the Claimant finds itself swamped with Justice Segopolo’s former clients who had either deposited money into his trust account for work that was not done or deposited money into the trust to be remitted to a third party. Other clients are looking for their files which would have been properly in the custody of the Claimant had a proper wind up been done, whilst some are even struggling to simply reach the Judge.”said Law Society of Botswana
The Society said it is common cause that some of the clients have approached the Chief Justice’s office and ultimately the Courts but still no logical conclusion has come to pass such that these complaints are definitively dealt with.
The Society wrote to Masisi indicating that the importance of winding up of a firm is to satisfy Council that proper provision has been made for the liquidation, taking over and protection of all trust money and to ensure that all obligations to clients have been discharged or duly assigned with such consents as may be necessary in terms of Regulation 34 of the Regulations of the Law Society which deals with practitioners who cease to practice and winding up of abandoned practices.
The Law Society has engaged Judge Segopolo on this matter and a back and forth engagement has proven futile and undesirable because a clear process of what must legally happen have been established which the judge has wilfully decided not to follow.
The Society says it is on record that the Judge has said that funds belonging to a client are reserved in his trust account for costs and in terms of section 45 (1) it is only a legal practitioner who can open and keep a separate trust account in which he/she deposits all moneys held or received by him/her in connection with his practice in Botswana.
“The Judge ought to have audited and closed his trust account upon appointment to the bench for the simple reason that he is no longer handling clients’ trust moneys and an audit would have ensured that these funds are directed back to his clients,” said the Law Society of Botswana.
