Monday, October 26, 2020

Law Society wants wholesale review of Constitution

The Law Society of Botswana has once again called for a review of the country’s  Constitution adopted on 30th September, 1966. 

In his assessment, the Chairman of the Law Society of Botswana, Kgalalelo Monthe says there is need to establish a broad-based Commission to undertake a comprehensive citizen centred initiative to review the constitution.

The debate on the review of the Constitution has intensified over the past few years as some experts say the current one gives State President too much power. 

According to Monthe, some of the incessant problems in the judiciary can only be addressed if the Constitution is reviewed.

Amongst other things, the Law Society has expressed reservations over the appointment of judges which they believe is unjust. 

“We have expressed concern that in such cases, it is the Honourable Chief Justice Maruping Dibotelo, who is Chairman of the Commission, who empanels the bench to decide a matter in which he is a party. This practice is wholly unsatisfactory as it creates a perception of conflict of interest,” stated Monthe.

Monthe says the appointment of judges should be done in a very transparent manner. He reiterated that LSB will continue voicing its concerns over the way in which Judges are appointed. 

Monthe also said he believes that Judges should be appointed on merit as well as integrity and suitability of character and temperament. He also stated that the Law Society of Botswana remains adamant that the role of the Court of Appeal is to interpret the law in order to ensure transparency and confidence. 

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