Is the Chief Justice Terrence Rannowane who ruled against the acquittal of former Directorate of Intelligence and Security Services (DIS) agent Welheminah Maswabi the same man who now says the former spy was framed?
The two men are so at odds with each other that Botswana’s judiciary watchers would be forgiven for thinking the country’s Chief Justice was body snatched by aliens.
Justice Rannowane was part of the Court of Appeal panel of Judges that earlier this year overturned Justice Zein Kebonang’s judgement which acquitted Maswabi. The ink on the judgement had hardly dried when a few weeks later, in a confidential letter to President Mokgweetsi Masisi, Justice Rannowane stated that “we are all aware of the Welheminah Maswabi case where the accused was brought to Court on fabricated evidence. That particular case caused untold reputational damage to our criminal justice system, not just here at home but abroad. As head of the Judiciary I get concerned when our institutions’ professional image takes a hit.”
The Chief Justice further states that “our law enforcement agents are quick to arrest, detain or charge people when their cases are not well investigated with the result that such cases are viewed as being politically motivated and end up embarrassing the President.”
The Chief Justice was responding to allegations by Justice Gaopalelwe Ketlogetswe that he tried to pressure him to rule in favour of the state’s application to extend the remand detention of Lobatse Member of Parliament Thapelo Matsheka. According to the exchange between the two judges, the Chief Justice was worried that ruling in favor of Matsheka would embarrass President Masisi.
In his letter, Justice Ketlogetswe cites at least three incidents where the Chief Justice expressed concern that ruling against the state in the Matsheka case would embarrass the president.
The Chief Justice together with Justice Isaac Lesetedi, Justice Tshepo Motswagole and Justice Walia consented to a judgement written by Justice Tau overturning Maswabi’s acquittal.
According to the judgement, the state lawyer admitted that the state did not oppose Maswabi’s application on merit and that she “was therefore entitled to an order reviewing and setting aside the decision” of the state to charge and prosecute her. “Given that concession therefore” Justice Kebonang “was not wrong in setting aside the decision” of the state to prosecute Maswabi but erred in applying the wrong test, stated the court of appeal.
Although the Chief Justice may have been aware that Maswabi was wrongly accused, the court did not issue an order to free her.
Curiously, a few weeks later Justice Lesetedi wrote a judgement that the court is within its right to issue an order which was not applied for.
Justice Ketlogetswe has complained to President Masisi that Chief Justice 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.
Justice Gaopalelwe Ketlogetswe who presided over the recent application for Matsheka’s release from police custody claims the Chief Justice and the Minister of Presidential Affairs meddled in the case.
In a hard hitting letter Justice Ketlogetswe has called on the president to subject Justice Rannowane to an enquiry to determine his fitness to continue holding judicial office as Chief Justice.
In the letter seen by the Sunday Standard the judge claims that ahead of his ruling ordering the release of Matsheka, he was subjected to pressure by the Chief Justice and the minister of State President Kabo Morwaeng.
