For those of us who were born and or have lived in Lobatse and those who live in that town, the Lobatse High Court is a serious monument of sorts, for obvious reasons of course. One could hardly ever refer to Lobatse without referring or thinking about the High Court, or ko mabluekomong as the veteran unionist Johnson Motshwarakgole would colourfully say in reference to the blue gum trees in the vicinity of that venerated space. For many years, the pristine white courtrooms and the “newer” ones that are visible from the main artery that runs through Lobatse provided cover for judicial sages who crafted and delivered a number of famous decisions in this country’s jurisprudence.
Fast forward to the present and the world around the Lobatse High Court seems to be viewable only in sepia. Obviously, courts are not holiday destinations but a rendezvous to the Lobatse High Court this week brought about this reality in a rather perverse sort of way. Circumstances have changed for this once proud and historic place in the annals of our judicial history.
Turning off the main road into the High Court premises one is immediately struck by the complete lack of security at the main gate despite this being a high risk area. Drive into the compound and it is pretty obvious that no one is bothered by the look of the surrounds. Weeds are having a field day particularly this season in which we have been blessed with very good rains to the solidification of weatherman Radithupa Radithupa’s reputation.
To say that the carports are a shambles would be an understatement. One is left thinking that the owners park their vehicles there more out of a force of habit than anything else.
A walk into the main entrance of the building is also an eye popping episode. Just before the main walk-in one notices that some tiles are missing. Inside the main foyer to the left are two chaps, presumably providing some sort of security. There are no security scanners and people breeze in with ease and without as much a second glance from these lads. The security for the Judges, support Staff and lawyers there is virtually non-existent which is spine chilling if one takes into account all sorts of characters that visit the courts. Surely adequate security cannot only be on occasions that dangerous thugs are appearing in court?
The inside of the building is also revealing in many respects. The offices are dreary and the furniture is a bit of a problem as one could clearly tell when at the Chambers of one of the Justices. Quite strangely when there, power was lost in one side of the building but was available in another section! “How telling is that!” I thought.
A moment of comedy was provided when one fellow came scurrying from the side that had electricity with a kettle after boiling water to the opposite area where his working station is to go and fix himself a cuppa. On a more serious note though, my colleague and I were unable to assist the Judge’s Chambers with a copy of a settlement agreement for a certain matter because the photocopier on the side that did not have power was obviously comatose. This was after we learnt that the original document that had been filed could not be located at the relevant Registry. The filing system there also needs a health check it has to be said.
Another colleague was telling me that save for one courtroom, the worst time of the year to appear in any of the other courtrooms at the Lobatse High Court is during winter because their air conditioners are problematic. In one instance he had to have a hot water bottle with him thanks to the biting Lobatse cold.
Of course, many public buildings, including our schools, need some revitilisation. However, the Lobatse High Court is difficult to ignore in the context of its sister divisions at the Central Business District in Gaborone and in Francistown. Certainly, the High Court and Court of Appeal in Gaborone are new. The level of security at these Courts, the cleanliness of both the surrounds and the buildings, the furniture etcetera can be replicated at the Lobatse High Court to some respectable extent.
Lastly, one cannot help but think that if it were not for some pressure, the preference would have been to shut down the Lobatse High Court altogether. It is now a victim of its location. But for now the Lobatse High Court is there and everything possible should be done to look after it. The Opening of the Legal Yearin the next two days in Gaborone should hopefully also turn the torch on the state of the Lobatse High Court and the need to improve its lot. A palace of justice, in itself, must be awe inspiring.
*Showa is an Attorney of the Courts of Botswana albeit with other professional commitments. Ga ke a romiwa.
