The CJ's dilemma worsens

Bame Piet | Friday October 25, 2013 17:13

 

In a strong worded five-page ultimatum issued last night, LSB says Justice Dibotelo’s decision not to share his controversial circular with the organisation is a sign that he has no regard for the society. LSB argues that it has repeatedly cautioned that forum shopping by practitioners was increasing due to the inefficiency of the judicial system resulting in part from the appointment of undeserving candidates to the Bench.

“You have never brought your concern that bribes may be used to our attention for discussion,” the letter says. “Despite the Law Society Council meeting you on two occasions this year, you did not raise this now seemingly grave concern.” LSB argues further that there is nothing illegal about the so-called forum shopping as it was a way for attorneys to avoid inefficiencies in the justice system.

LSB is not amused by the insinuation that forum shopping is a corrupt practice involving judges and High Court staff of registries. In its view, Justice Dibotelo has cast doubt on the integrity of Botswana’s judicial system, shattering public confidence in it in the process.

The private practitioners’ body rejects Justice Dibotelo’s apology to judges last Friday, saying he should extend the same apology to legal practitioners and High Court staff.

It demands that Justice Dibotelo produce evidence of practitioners who have offered bribes to either judges or staff members at registries regarding forum shopping. The letter continues:

 “Should His Lordship be unable to do so, he must proffer an immediate and unequivocal apology to the legal practitioners. Please be advised that should such apology not be forthcoming by close of business Friday 25th October 2013, the Law Society will take all action necessary and available to it to extract same from you.

“The Society trusts that this will not be necessary and you shall see the need, as you did with your brothers and sisters at the Bench, to apologize.” Efforts to contact the Acting Registrar and Master of the High Court, Mike Motlhabi, were futile at the time of going to press as his mobile phone went unanswered.