Seventy-eight-year-old Ghananian lawyer Kenneth Obeng was admitted into the bar in 1974 after completing his law degree from the University of Ghana.
Wet behind the ears, he immediately worked for the Ghana Law Reform Commission as a researcher. Six years down the line in 1980 he relocated to Botswana where he served under different portfolios within the legal fraternity. He climbed up the career ladder from being a Senior Magistrate, Chief Magistrate and Acting Deputy Registrar at Lobatse High Court.
Obeng has served Botswana with zeal, humility, persistence and passion. He has since retired from civil service and is a naturalized Motswana who chose Francistown as his permanent home.
TheTelegraph team visited his minuscule office which is squeezed behind the fully tenanted Haskins building in Francistown adjacent to the market.
Obeng stealthily peeps through his door and gives ourteam a nod to come into his small, neat and fully furnished office. After exchanging pleasantries, he opens up his arms as a sign of approval.
One would mistake the stand-alone fine-looking office for a small tuck-shop up until they read a printed humble logo just by the door of the office written “Kenneth Obeng Attorneys” Upon arrival at this modest office, we are welcomed by his one and only employee, an elderly secretary who quickly consults him in his office to get permission to let the media team in. Despite his failing health, possibly due to age and the ever-busy schedule, Obeng agreed to slot an interview with The Telegraph to share his industrious career journey.
“Please feel comfortable and have a seat. You are very welcome,” he says as he shows the team a clean wide metal chair overlooking his desk.
Warming up to the interview, Obeng quickly touches on various subjects emphasizing on the Covid 19 pandemic and its devastating effects on lives and the global economy. He then rests his arms on his chair comfortably and gives the interview a go ahead. Asked about his journey and his service to Botswana justice system he is quick to narrate how he ended up working in Botswana and how he fell in love with the country.
“I started my career stationed at Maun Magistrate Court as a Senior Magistrate. Back then there was shortage of lawyers in the country. Botswana was still struggling with developments. Most of the roads were not tarred as today. While I was based in Maun, I also serviced areas such as far as Ghanzi and Kasane. It was a bit challenging but I enjoyed every moment of it. Part of my job description as a magistrate was to also do appeals from the Customary Courts. I cherished every moment of my career and found Botswana to be a lovely country. The people were very warm and kind,” he says as he wipes a drench of sweat on his forehead.
On how he got his job as Magistrate in Botswana, Obeng is not shy to reveal that in 1980 he stumbled across a vacancy in a local Newspaper in Ghana for a Senior Magistrate position in Botswana. He had only heard about Botswana through the media and the grapevine. The limited information he had was that Botswana was a land locked country, politically stable and a peaceful developing country in Southern Africa.
“I simply tried my luck and applied for the vacancy. To my shock and excitement, I got the job. That was it. I never looked back but informed my family back in Ghana and took my meager belongings and left for Botswana. Leaving my country of birth country was a mammoth task, but as they say “Grass is always greener on the other side” I had to take the risk,” he said.
He says what impressed him when he arrived in Botswana was that every school going child put on shoes unlike in Ghana. Amusingly, he said he was also shocked one day when he went to buy meat in a butchery in Maun to learn that one had to choose which portion of meat they like in an animal carcass unlike in his country Ghana.
“In Ghana especially in rural areas when you buy meat from the butchery, they simply cut different pieces from various parts of the carcass and sell it to you. You do not have a say or an option to make unlike here,” he with a chuckle.
Obeng also said that what he found challenging upon arrival in Botswana was the local English accent. He said it took him years to adapt to how Batswana spoke English. Obeng also takes pride in the fact that while he was staying in Maun he became friends with the late veteran politician Mpho Motsamai. He recalls that they first met in church and they became friends until his death.
“We were very good friends. In fact we were family friends,” he said with a heavy sigh of emotion.
From Maun he was transferred to Serowe and then Phikwe from 1982 to 1986. His two children and wife had joined him from Ghana. As if it was only yesterday, he recalls one of the most interesting cases he presided over. It was a case between former Cabinet Minister and Member of Parliament for Selibe Phikwe the late Kebatlamang Morake. The case was about an individual who insulted the former Minister in a Kgotla meeting in Selibe Phikwe.
“Someone had asked him why Members of Parliament and Minister were exempted from paying tax then. However, the Cabinet minister asserted that just like any Botswana citizen they paid tax. This individual then responded by accusing the minister for being a liar. The man was charged with using insulting language against the minister,” he said.
Obeng said in his ruling he decided to discharge and acquit the accused as he felt that it was not an insult but a public debate. He said what was really funny was that someone accused him for being against Botswana values and culture. His contract was just about to end then. Obeng also added that some people also approached him and asked why he “Bit the hand that feeds him” by letting the accused off the hook.
“My response was that I am an independent minded person and I believe in Justice. However, my worry and fear after all these events was that the government might not extend my contract. My contract ultimately came to an end in 1986 and I decided to stay in Phikwe and opened a law firm in Palapye,” he said.
In 1988 he was appointed a Senior Magistrate in Phikwe until 1995 when his contract was not renewed again. He continued his legal practice at his law firm in Palapye. Obeng was again appointed in 1997 as a Chief Magistrate in Phikwe and ultimately transferred to Francistown. In 2007 he was appointed the Acting Assistant Registrar at Lobatse High Court.
“My contract ended in 2009 and it was not renewed because of age. I then decided to build my retirement home in Francistown at Area G where I currently live happily with my family,” he said.
Asked if he had an interest in joining the High Court bench as a Judge, Obeng responds in the affirmative and adds that due to personal reasons he simply abandoned the dream. He however said that from the time he came to Botswana hitherto, there has been an increase of citizen lawyers an improvement which he says is very commendable. He said when he came from Ghana there were only a few lawyers such as Jama Mbeki and Stephen Gaongalelwe who is currently a Judge at the Court of Appeal.
“The only challenges we faced as judicial officers during the time was the fact that we were over-worked as there was shortage of officers, but fortunately there was not much crime as today. The crimes we dealt with then were minor; such as assaults, theft and house breakings,” he said.
He however said the Directorate of Public Prosecutions (DPP) then was faced with a myriad of challenges especially that there was shortage of staff. Most of its prosecutors were expatriates. Obeng also added that during his time as a judicial officer, corruption was not rampant. He also said that it is pleasing to note that the judiciary system has grown tremendously more so that there is growth in a number of local judges. He however said the legal system in Botswana and his country Ghana is different.
“In Ghana we use the English Common law while in Botswana they have adopted the Roman Dutch law, but this is not much of an issue because when it comes to analysis they are basically the same,” he said.
He also said culturally Botswana is different to Ghana especially when it comes to issues of Chieftaincy. He said in his country, Chiefs have drummers who often play these drums whenever they address a meeting or when they appear in public. He also said unlike here in Botswana, every chief in Ghana has a spokesperson.
On what needs to be improved in the judicial system, he said there is need for the filing system in courts to be improved especially in the magistrate courts. He said more often officers at Magistrate courts have a tendency of failing to put correct dates on files. He said sometimes they even file documents with no dates.
“It then makes our job difficult for our clients as lawyers because the rules of court are very strict. Court expects us to comply with the set dates. Clients would then point an accusing finger at us for being poor service providers. One of the challenges is that the magistrate courts are under-staffed,” he said.
Obeng also complained that it takes ages for records to be typed at Magistrate courts which then negates on their ability to serve their clients especially when they make appeals to the High Court. He said this is pre-judicial to their clients. He also complained that magistrate courts do not have proper recording machines as they are always defective.
“These recording machines are always not working. More often the records written by hand are always not accurate because they court clerks may not understand the words spoken in court. Recording machines are better,” he said.
One of the challenges Obeng said is the recruitment of inexperienced Magistrates who more often retard the wheels of justice. Asked on his opinion about death sentence he said he fully supports it and should it be maintained. He said the only problem may arise if someone is convicted for a crime they did not commit. He however said he has confidence in the local courts in handling such matters. Obeng also expressed disappointment that sometimes the principle of mitigation and extenuating circumstances becomes too lenient on perpetrators. Asked on whether Botswana constitution should be repealed he answered in the affirmative.
“The constitution was written by the colonial masters and was thrust into Batswana. It should be changed to suit Batswana,” he said in conclusion.
Obeng has written three books; The rise and privileges of Batswana, The law relating to arrests and prosecution of offenders in Botswana and Institutions of Democracy and Government in Botswana.
