The public spat between the Chief Justice Terrence Rannowane and Justice Gaopalelwe Ketlogetswe that has gripped the nation for the last two weeks or so has taken a turn for the worse owing to issues of politics and tribalism seemingly taking the centre stage. For all I care, political and tribal background for anyone holding public or judicial positions should not be allowed under any democracy to define individuals holding such positions.
Meritocracy and nothing else should determine the eligibility for an individual to become a Chief Justice and a Judge of Botswana law courts. But consequent to the allegation by Ketlogetswe J to the effect that the Chief Justice attempted or in fact influenced him to rule against Dr Thapelo Mtsheka growing more legs as days come to pass, the Chief Justice has in my view, made startling revelations with respect to the political background of Ketlogetswe J. I honestly believe this was not necessary.
While the Chief Justice drew the political background of Ketlogetswe J in an attempt to demonstrate what type of an individual the latter is, I believe this a fatal error of judgement by the former. To start with, judges are in their own right individuals firmly entitled to enjoy rights enjoyed by other citizens as enshrined in the Constitution particularly the Bill of Rights section where rights such the right to association et al, are clearly stipulated.
Flowing from the right to associate, judges would have been members or sympathisers of political parties as do other citizens long before they were appointed to judicial office. In furtherance of this right, they are entitled to register and vote for political parties of their choices. The only distinct difference between judges and us the poor mortals I believe, is that they are not permitted, given the sensitive judicial positions they hold, to openly demonstrate which political parties they belong to.
In furtherance of their right to association, judges who be entitled to register and queue on voting day to exercise the very right of voting as does everyone else duly registered to do so. Having to have been associated with the Botswana National Front at some point for Ketlogetswe J should not have become an issue in his current tussle with the Chief Justice. It is irrelevant! In bringing in the political background of Ketlogetswe J or any judge for that matter into the judiciary is a recipe for the politicisation of the bench which potentially, stands to categorise if not to influence it to determine cases before judges according to their preferred political persuasions. As a consequence of the foregoing, the widely held view by some in our midst that the judiciary is highly politicised may very well be confirmed by political issues as alluded to in this particular matter.
On the issue of tribalism and should Ketlogetswe J claims be correct, it stands to be reasoned that a destructive yet undesirable issue of the same tribalism ticket has made its ugly head at the judiciary. Ketlogetswe J is quoted by the Sunday Standard newspaper edition dated September 4-10, 2022 with respect to the lawsuit instituted by the Chief Justice against the newspaper that “He said the Council of the LSB was of ‘Bakalaka’ who were out to give him problems because he is not one of them….It is just loba Nkhwa. Mo go bone ke Nkhwa hela”.
There are references to Justices Letsididi and Moroka who reportedly originate from the Central District and who, according to Ketlogetswe J and in reference to the Chief Justice, were not supposed to handle cases involving former President Ian Khama because they originated from the same District as did Khama. By any measure, these are very serious tribalistic allegations purportedly made by the Chief Justice in relation to his colleagues on the bench. These claims are demeaning and distasteful to say the least. Just like on the issue of politics, and I must harp on emphasising that should Ketlogetswe J be correct that the Chief Justice uttered those words, it should tell us that the bench is divided right down the middle along tribal lines and that owing to these claims, justice ceases to have eyes but determined on the litigants’ tribal origins.
Needless to mention, tribalism is a recipe for all manner of unpleasant situations and therefore a serious impediment to any country’s economic development; a serious affront to the rule of law and, a catalyst to the overall catastrophic instability in the country. Botswana and Batswana would have witnessed with utmost disgust and disbelieve as to how tribalism has, and continues to destroy nations. One is reminded of how it led to genocide in countries like Rwanda and how intolerant politics divided Kenya after the 2013 general election where over 100,000 people were misplaced with thousands killed.
It is my considered view that with tribalism and politics having reared its ugly head in the country’s prestigious institution in the name of the judiciary which is our last line of defence after the executive and the legislature have failed us, an urgent investigation to establish whether or not the Chief Justice has been leading the judiciary premised on political affiliation and tribalism is imperative. To put it mildly, the judiciary is at the point of total chaos and inevitable collapse should no urgent remedy be undertook. It is abundantly surprising if not shocking that as soon as the spat between the Chief Justice and Ketlogetswe J emerged, the President has exhibited signs of total disinterest yet the spat is potentially damaging Botswana’s image here and elsewhere.
Not only that, it is bound to run roughshod over the country’s democratic credentials which are already on the sick bed. If the President thought this issue will fade into thin air without his involvement, he can no longer hide particularly that the spat has put the judiciary into disrepute. He must confront it head on. One hopes the voice of reason is being whispered into his ear. I am prepared to be persuaded otherwise as always. Judge for Yourself!
‘No one is safe until everyone is safe’. Covid-19 is still our immediate threat and therefore our vigilance thereto of paramount importance.
