The Law Society of Botswana (LSB) has approached the Attorney General with a raft of proposals ranging from a Commission of Inquiry to investigate Kgosi Mosadi’s accusations against President Mokgweetsi Masisi and Minister Lefoko Moagi, a tribunal to investigate Justice Itumeleng Segopolo’s fitness and a Commission of Inquiry to investigate Justice Ketlogetswe’s complaints against Minister Kabo Morwaeng – a document passed to the Sunday Standard has revealed.
LSB chairman, thekiso Thekiso has also complained to President Masisi “about the appalling status of the judiciary”.
In his first face- to -face meeting with President Masisi since reports of the executive’s interference in the judiciary
Thekiso who is also a member of the Judicial Services Commission (JSE) says the LSB Council is concerned “that with every day that passes, the judicial crisis deepens as confidence continues to be eroded.”
Thekiso was recently appointed by the LSB Council to represent the Society at the Judicial Service Commission (JSC).
According to a documented update to members of the Society, after being sworn in, Thekiso held informal discussions with Masisi “about the appalling status of the judiciary, the content of which he is not at liberty to disclose as the meeting was off the record and without prejudice.”
The documents state that following the discussion with Masisi, Thekiso “found it necessary to secure a meeting, on behalf of the Council, with the Attorney General.” The Attorney General was however not available as he had prior engagements.
“The discussion with the President, and the need to meet with the Attorney General to have a discussion with him on the state of the judiciary was necessitated by the Council’s concern that with every day that passes, the judicial crisis deepens as confidence continues to be eroded,” the documents state. The documents state further that; “reputational harm to the judiciary should be a cause of serious concern to all citizens, particularly those who occupy positions of responsibility and are well placed to resolve the issues or influence solutions.”
Whilst the Attorney General (Abraham Keitshabe) was not “available to meet with the Council Chairman, the Government Attorney, Mr. Molodi, graciously agreed to receive our message and convey it to the Attorney General.” The documents reveal that Molodi met with Thekiso on the 20th October 2022. “At the meeting, the Council raised concern that nothing has been done about the complaint by Justice Ketlogetswe against the Chief Justice and Minister of State Presidency, Mr. Kabo Morwaeng,” read the document.
Thekiso noted that although the Law Society has issued a notice of intention to sue addressed to President Masisi, Chief Justice Terrence Rannowane, “the Judicial Service Commission and Justice Ketlogetswe, the litigation would take some time before there is final resolution, with the possibility of the crisis deepening during the process of litigation.” The Council also raised concern and expressed its anxiety brought about by the allegations made by Kgosi Mosadi Seboko of Balete against President Masisi in a matter relating to the tribe as the rightful owners of a freehold farm lying south of Gaborone.
“The Chairman wondered if the Attorney General in his capacity as the principal legal advisor to the Government and member of the JSC, had advised Government on an urgent need to find ways and means of expeditiously putting out the inferno that has engulfed the judiciary,” the documents state. In this regard, the Council proposed solutions which it considered that the Attorney General could consider to expedite the resolution of the problems enveloping the judiciary.
“Quite rightly, Mr. Molodi did not express any views on the suggestions, which were aimed at avoiding the protracted litigation route, whilst taking all necessary steps to fully address the complaint,” the documents state. The following were the proposed solutions:
*The Attorney General should advise the President to set up a tribunal to investigate the allegations made by Justice Ketlogetswe against Chief Justice Rannowane.
*The Attorney General should advise the President to set up a Commission of Inquiry under the Commission of Inquiries Act to investigate the allegations made by Justice Ketlogetswe against Minister Morwaeng.
*The complaint of the Law Society against Justice Itumeleng Segopolo; the Council Chairman indicated that the Law Society is not hell bent on litigation, but resolved to litigate because nothing was being done to address its complaint. It was suggested that the Attorney General could utilize his position as the Attorney General and member of the JSC to aid the setting up of a tribunal whose establishment the Law Society seeks for purposes of enquiring into the fitness of Justice Segopolo.
*The Attorney General should advise the President to facilitate the setting up by Parliament of a Commission to enquire into the allegations by Kgosi Mosadi Seboko against the President and Minister of Minerals Lefoko Moagi.
The LSB had lodged a complaint against Justice Segopolo complaining about his failure to wind up his law firm upon being appointed to the bench.
