Where is judicial independence?

Mmegi Editor | Monday September 5, 2022 06:00

Of recent, judicial independence and its ability to administer justice independently without any form of interference from third forces is under the spotlight.

This was after claims were made by one of the judges, Justice Gaolapelwe Ketlogetswe that Chief Justice Terrence Rannowane and the Minister of State Kabo Morwaeng allegedly tried to influence him to rule against Lobatse legislator, Thapelo Matsheka in a case he sought freedom from prolonged detention.

As it is public knowledge, Matsheka was recently arrested and detained by the DIS sleuths in relation to the death of a seven-year-old Lobatse boy, Tlotso Karema.

Ketlogetswe claimed that the pair allegedly wanted him to unlawfully extend the detention of the Member of Parliament. In unprecedented manner, Chief Justice Rannowane also had to hit back accusing Ketlogetswe of advancing a political agenda.

The Chief Justice suspects that one of his juniors is colliding with politicians. Politicians spend a lot of time in courts either in their capacity as business people or just as political office bearers.

We also have a number of lawyers aligning themselves with various political parties and the development will raise even more questions if unchallenged. All these allegations have brought yet again the question of political interference in the judicial system and if at all it is independent like the public is often made to believe.

The Law Society of Botswana (LSB) has always spoken about the said interference within the judicial system. The LSB has on numerous occasions made it clear that prosecution of suspects should never be politically motivated, but rather the rule of law should be upheld regardless of who the subject is. LSB former chairperson, Tshekiso Tshekiso once spoke on the arrest of public officers and their prosecution saying it would be really 'unfortunate' if the arrests and prosecution were politically motivated.

The silence from powers that be is not helping the situation as now it would seem like whatever has been reported is gospel truth. We join all those who have called for interrogation of the issue at hand and other related matters. If indeed reports suggesting that Minister Morwaeng tried to interfere with the Judiciary, then he should step down as a matter of urgency until his name has been cleared.

The Chief Justice should also do the same. If they are reluctant, Mr. President has to do something about the situation in an endeavour to preserve the independence of Judiciary. No country can function well where the judiciary is not seen to be ethical.

Today's thought

'The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.'

- James Madison