Moleleki Mokama:an intellectual extra-ordianire

Kgomotso Molelekeng
Correspondent | Monday March 18, 2013 00:00

Mokama was born in 1933 in Maunatlala to the late Mokama Moleleki and Dikeledi Moleleki. He did his primary schooling in Maunatlala and Madinare and being blessed with a keen intellect, he went on to complete his secondary education at Moeng College and Tigerkloof.

This opened up new horizons for the young Mokama who went on to study at Fort Hare and was awarded a BA degree at Rhodes University in 1959. He later received a bachelor of law degree from the University of London in 1963 and subsequently an LLM degree from the same university in 1965.

This made him the first Motswana to qualify as a lawyer. He later received another LLM degree at Harvard University. Getting into the famed Harvard Law School is reserved only for the most deserving. Mokama, as a student at Rhodes University in South Africa, got excellent results. His acquisition of legal education was almost snuffed by the colonial protectorate government which was opposed to his studying law in Britain. They expected him to become a teacher after obtaining a Bachelor's degree in South Africa for which they had granted him a scholarship.

The story which we get from his wife Kgopodiso, is that it was Mokama's tenacious petitioning of the colonial government, assisted by the Commissioner of the Bechuanaland Protectorate, which ultimately won him a government scholarship to study Law in Britain. This incident explains how Mokama's tenacity of purpose and fearless pursuit of what he believed in, a characteristic which was manifested throughout his life.

He married Kgopodiso in 1962 and the two are blessed with a son, Goabaone Seleka. To his wife, Mokama was a truthful, honest man who was strongly dedicated to his country and he was a man of law. 'My husband believed in a country that was run with totally honesty; he loved seeing people happy; he was full of love and a very patriotic person,' she says. She further tells of her husband's love for nature, especially birds. This is evident in their beautiful living room as the decorations are mostly man-made birds sculptures that make the house lively and beautiful.For Mokama, having such an excellent legal mind, it was no surprise that he was put in the category of towering legal minds of civic imagination alongside Nelson Mandela, Oliver Tambo, Mahatma Gandhi and Abdoulaye Wade after he wrote an amazing piece of dynamic legal practice.

Mokama's career started when he was appointed Crown Counsel to the then Bechuanaland Protectorate (1963- 966), becoming an advocate in 1964. When Botswana achieved Independence in 1966, after earning a title of being known as a man who is worldly and being as educated as he was, Mokama was appointed as the first High Commissioner to the United Kingdom, also serving as Ambassador Extraordinary and Plenipotentiary to France, Germany, Sweden, Norway and Denmark.

In 1969 he was recalled to be appointed Attorney General a post he held from 1969-1992 thus becoming the longest serving Attorney General in the entire commonwealth. In that capacity he was an ex-officio Member of Parliament and cabinet. This towering figure contributed in no small measure to the development of constitutionalism, the law and its administration in Botswana since independence.

Mokama contributed significantly to the development of Botswana's mining industry in his capacity as the principal negotiator of Mineral and Loan agreements which culminated in the development of the Selebi Phikwe Copper Mine and associated infrastructure and the diamond mines at Orapa, Letlhakane and Jwaneng. He was appointed Director of De Beers Botswana Mining Company for a long period from 1970 to 1991.

In 1992 he was appointed the first Motswana Chief Justice by the then president Ketumile Masire, As Chief Justice, Mokama had the honour of declaring the winner of a general election. Mokama had no problem speaking truth to power, he was mostly known for his honesty and bravery. He served in this post until 1997

His commitment to the upholding of the rule of law, human rights and fundamental freedoms of the individual earned Mokama an appointment by the Organisation of African Unity as one of the first Commissioners under the charter on human and people's rights, a post he held from 1987 to 1993 and his long term legal career culminated in his appointment in 1992 as the first Motswana Chief Justice, a position he held until his death.

He was an honorary member of the American Society of International Law. This family man also had other interests outside his official duties. His love for the countryside turned him into a successful cattle, sheep and goat farmer and a hunter and he loved reading literature books.

Mokama was involved in the development of his community as manifested by his chairmanship of the Maunatlala Show Committee for some years. He donated a flouting trophy to promote health and cleanliness in Maunatlala and surrounding areas.

Mokama died in 1997 but his legacy lives on, and more importantly are his judgments that he handed down at the High Court that serve as precedents. Some eight years after his death, he was awarded the Presidential Order of Honor on August 31 in 1990, a fitting tribute to this immense figure. At the Francistown High Court he has been honoured with the Moleleki Mokama Memorial Hall. This was done in 2002.

Poems have also been composed in honour of him; one that comes to mind was by Albert Malikongwa, which was read at his funeral. In it he said, 'to us Didwell you did well, we feel the majesty of your power and presence even when you are gone, history shall be kind to chronicle and to write an epitaph to immortalise your name as a shinning and an illustrious genius in the fraternity of Justice.'