Law Society to report Dibotelo
Oarabile Mosikare | Wednesday December 7, 2016 18:00
This follows a recent discovery of the final audit report of the Administration of Justice (AoJ) on housing allowance for High Court judges. “…The society is determined that the Chief Justice was acting selectively, and most likely, maliciously when he reported the four judges to the JSC and later to the police.
“The society resolved to lodge a complaint against the Chief Justice with the JSC. The complaint shall be lodged in due course,” the outgoing LSB chairperson Lawrence Lecha said in his annual report.
Last year September President Ian Khama suspended four judges, Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang for alleged misconduct after it was found that they were paid undue housing allowances. A tribunal was appointed to inquire into their conduct. The quartet had been at loggerheads with Dibotelo, who had reported them to the Botswana Police Service to investigate them for earning housing allowances despite being accommodated in government houses.
A confidential audit report authorised by Dibotelo indicated that judges, as beneficiaries of erroneous payments, had a duty to inform the employer of the overpayment especially that it occurred over a considerable period of time. The report, titled: ‘Interim Internal Audit Report – Honourable Judges’ Housing Allowance’, covered the records for the financial years 2007/08 to 2015/16. The audit report is an annexure forming part of Dibotelo’s answering affidavit filed in court in a review case moved by the suspended quartet.
Lecha also said the crisis in the judiciary continues unabated. “Much as some have denied that a crisis exists the facts are there for all to see. We have four judges now on suspension for more than a year and in court to vindicate their rights for the same period. In this challenge, allegations of tampering with court records and bias have been made.
The thing that should concern us as lawyers is if judges can allege tampering with the judicial process in a case that involves them, what hope does the man on the street have that his case will be above board?”
In a recent development, both High Court Judge Terrence Rannowane and his Court of Appeal counterpart, Justice Monametsi Gaongalelwe, also launched legal proceedings against the AoJ. Thus, Lecha quipped: “If this does not demonstrate chaos, then what will?” The LSB has always maintained that a flawed process of appointment of judges is detrimental to a sound judiciary. Lecha said the chickens have now come home to roost with an increasing number of judgements that have no jurisprudential value coming out of the courts.
He said: “Judges are more and more often postponing mundane matters that do not require argument by up to a year or more. This has quickly eroded the confidence in our justice system such that lawyers routinely advise clients to attempt settlement, and for those with means, to go the arbitration route. Whilst this negatively affects the average Motswana, this cannot also be good for business and investment”.
In the most recent media reports, Dibotelo was alleged to being threatened with a slow and painful death through witchcraft if he does not resign. The police are investigating the incident.
Meanwhile veteran attorney Kgalalelo Monthe is the new LSB chairperson. His vice is Onalethata Kambai. Other members are Abigail Ezekiel, Paul Muzimo, Ricardo Seabueng, Kusigani Mbabo and Merriam Mokgethi. The secretary remains Tebogo Moipolai who is also the LSB executive secretary.