Mmegi news paper edition of the 18th October 2017 released a STOP PRESS titled “Khama succumbs to pressure to appoint Motumise.” According to Mmegi “President Ian Khama has reluctantly appointed veteran attorney Omphemetse Motumise a High Court Judge and that his appointment is with effect from 1st January 2018”.
Instead of feeling excited for my former warden at UB Block 475 hostels when I was a undergraduate student, in the field of Public Administration, I somehow felt sorry for President Ian Khama. Infact pity is the right word. I struggled to understand just why someone left with only six months to vacate the State House can be so un-kind; infact mislead is the right word to use.
Following the unfortunate remarks that were made by the Minister of Justice, Defence and Security’s Hon Shaw Kgathi I remembered that Ugandan National Professor Daniel David Ntanda Nsereko’s teachings on Constitutional Law, more particularly on the Doctrine of Separation of Powers as well as the teachings by the distinguished Harvard Law graduate Hon Duma Gideon Boko on the same subject matter and Professor Bugalo Burgle Maripe’s teachings on Administrative Law. The legal eagles delivered with so much dedication, passion and admiration and discussed eloquently “the doctrine of stare decisis”.
I understood dear reader, I understood.
Addressing a press briefing a while ago, the Minister of Defence, Justice and Security, Mr Shaw Kgathi stated that President Lt Gen. Dr Seretse Khama Ian Khama will uphold the Court of Appeal (CoA) judgment relating to the case in which the Law Society of Botswana and Mr Omphemetse Motumise contested the decision to decline to appoint the latter to the High Court bench. According to Hon Kgathi while President Khama was of the view that the matter was incorrectly decided, he would nonetheless uphold the CoA’s decision.
My foot!!!!
Mr Kgathi said President Khama believes that the judgment was in contrast with the Constitution, which vested the President with the power to appoint judges to the High Court bench. Mr Kgathi said government would never disrespect a court ruling no matter how it disagreed with it. He added that President Khama would, albeit reluctantly, appoint Mr Motumise to the position of judge of the High Court. The minister said it was despite the fact that the vetting process had found Mr Motumise to be unsuitable for appointment to the position of a High Court judge.
The minister said it was worth noting that Mr Motumise was not the first or the only individual whose recommendation for appointment to the High Court bench had been declined. He noted that during the tenure of office of the late Chief Justice, Justice Julian Nganunu’s recommendations for the appointment of Messrs Lizo Ngcongco and Gabriel Komboni were turned down.
Mr Kgathi also said it was President Khama’s view that in the interest of fairness the previous candidates whose recommendations for appointment to serve in the bench were declined be extended the same gesture as Mr Motumise, should they still have interest to serve as High Court judges. The minister said it was worth noting that in ruling against the findings of the High Court, the CoA decision was not unanimous.
He added that it lent weight to President Khama’s view that the matter was not correctly decided. He said President Khama agreed with the High Court judgment, whose ruling was in line with the Constitution in bestowing the power to appoint High Court judges on the President. He added that it was government’s view that the CoA’s decision that vested that power on the JSC was fundamentally wrong. He said while the High Court had correctly found that the President had the final say in the matter, the CoA had decided otherwise, relegating his role to that of just a participant in the whole process. Minister Kgathi said despite the CoA deciding on the contrary, it remained government’s view that the JSC could only recommend persons for appointment to the position of High Court judge, and not to be the actual authority to do the appointing of judges.
He said the essence of the CoA judgment was that the President had no prerogative to turn down a JSC recommendation, a decision which he said government viewed as wrong. Mr Kgathi said although in disagreement with the judgement and being of the view that the JSC’s role was simply advisory, President Khama would uphold the court’s ruling and appoint Mr Motumise to the position of High Court judge. (BOPA}
Elsewhere in East Africa, In Kenya, President Uhuru Kenyatta son of Jomo Kenyatta on Friday 1st September 2017 lost his cool when he reacted on the petition ruling delivered by the Supreme Court. Uhuru sent a chilling warning to Chief Justice David Maraga as the Head of State reacted on cancellation of his win. While he addressed the nation from State House, President Kenyatta said that “six people” could not possibly decide the will of millions of Kenyans.
“Maraga anafaa ajue kwamba sasa anadeal na rais mwenye ameklia kiti,” he told a crowd of disappointed supporters.
Without hiding his anger over the ruling, Kenyatta indicated he was not going to sit comfortable as he watches his victory being snatched from him. President Kenyatta warned Chief Justice David Maraga that he is dealing with a sitting president.
President Uhuru Kenyatta’s anger against the Supreme Court which annulled his win in the August 8 polls has left tongues wagging with many Kenyans wondering why Uhuru’s advisors have allowed him to go that far to demean and threaten the judges publicly. Nairobi City came to a standstill shortly after the Supreme Court cancelled President Uhuru Kenyatta’s win as Raila Odinga’s supporters poured on the streets to celebrate the victory.
For his part one blogger Mutahi Ngunyi stated that now the stage is set for Raila to take power through the backdoor. According to Mutahi said that Raila wants to get power via back-door means. The ruling at the Supreme Court, according to Mutahi gives power to NASA to sabotage the election by calling for the disbandment of IEBC – Remember the Supreme Court ruled that the IEBC shall conduct the election in 60 days and this decision cannot be appealed, neither can the UN conduct elections in Kenya – If the IEBC is disbanded, then the most likely time to have the election will be in 2018 and not earlier.
In the overall analysis politics generally seems to be low risk and a high reward project. It is a very quick payback period. All that you need to do is get in office for a few months and many of your immediate material needs and concerns will be solved while the people’s business remains un -solved. Or rather use power and office to settle scores often times just being mis-lead by praise poets and wanna be fat cats. Democracy seems to be rapidly creating opportunity for corruption in the nation. There is also a high tolerance of citizens for corruption non adherence to the rule of law.
We have become collectively and morally culpable in what it is that has become a scourge in our land. Instead of us to stigmatize the corrupt, we have rather lowered the moral bar and in some cases, turned it upside by actually mocking those who forsake corruption. Like myself dear reader.
If only. Africa was breeding a new generation of leaders who are committed to governing their peoples according to the rule of law, respect for individual liberties and human rights, and the principles of democratic accountability. It would be a welcome development, as Doo Selolwane, stated “a person who does not respect the rule of law should not be a President”..
In any case, I have not come here to pass judgment, neither have I come here to find out who is right or who is wrong, it is however, easy to ascribe some of the African leader’s recent policy decisions to their temperament: That the recent upsurges in opposition politics restored gradually diminishing brand personality and has offered the parts a favorable brand associate on which to strategize for the 2019 general elections. I conclude.
*Thabo Lucas Seleke, writes from Seleme Farm, Rasesa
