President Mokgweetsi Masisi reportedly referred the complaint against Chief Justice Terrence Rannowane to the Judicial Services Commission (JSC), chaired by the Chief Justice himself. The revelation has come to light in a counter application by Justice Gaolapelwe Ketlogetswe following a decision by Chief Justice Terrence Rannowane to report the former to the JSC for “misconduct”. Ketlogetswe notes in Court Papers through his lawyers Motlhala Ketshabile & Company that Masisi acknowledged receipt of his complaint through a letter by Permanent Secretary to the President.
“His Excellency the President has since considered the matter and directed me to inform you that he has determined that the complaint against Hon. Chief Justice be forwarded to the Judicial Service Commission for appropriate action,” the Permanent Secretary to the President wrote. Ketlogetswe goes on to raise questions as to whether the JSC did receive the communication from Masisi given he was never informed by the Commission to that effect. “The JSC has not, even to date, notified the judge [Ketlogetswe] of its receipt of the complaint if at all and whether it intends to act on it,” Justice Ketlogetswe says through his lawyers. The Court documents indicate how while waiting for word from the JSC on the forwarded complaint from Masisi, Ketlogetswe received a letter of complaint against him by the Chief Justice who is also Chairman of the JSC.
“In filing the complaint, the Chief Justice purportedly acted pursuant to Regulation 14 (1) of the Regulations promulgated by the President on the 19th February 2021, and which regulation empowers him on his own accord, to raise a complaint to the JSC against a judicial officer. In the complaint, the Chief Justice alleges that the Judge has breached Regulations 5 (1) and 13 (2) ….” President Masisi has never publicly acknowledged receiving the complaint, made against his appointed Chief Justice Rannowane and Minister of State President Kabo Morwaeng. Ketlogetswe complained to President Mokgweetsi Masisi that Chief Justice Terrence Rannowane and Minister of State President Kabo Morwaeng tried to influence him to unlawfully extend the remand detention of Lobatse Member of Parliament and former Minister of Finance Thapelo Matsheka.
He said it was his considered view that the Chief Justice and the Minister’s meddling in the Matsheka case was “completely wrong and unacceptable, and constitutes an affront on the exercise of judicial independence by a Judge of the High Court and calls for appropriate action.” In response Chief Justice Rannowane made some stunning allegations against Judge Ketlogetswe. He painted Ketlogetswe as a difficult and irresponsible person who does not like to take accountability for his indiscretions.
“I have prefaced my answer to the accusation levelled against me by giving this brief background to ensure that your Excellency will understand the type of person we are dealing with. I will now address the fabrication against me to show that Judge Ketlogetswe’s story is a complete fabrication based on what he calls ‘grey propaganda’ wherein he mixes the truth with falsehoods to support the narrative he wants to propagate,” says Rannowane in his own letter to Masisi.
