The tussle between Government and the lawyers’ watchdog, the Law Society of Botswana (LSB), took another twist yesterday when the latter brushed aside an apology Judge President Ian Kirby had submitted “on behalf of the judiciary”. Kirby, when addressing the closing session of the Court of Appeal on February 4, is said to have apologised for Chairman of the LSB Lawrence Lecha’s criticisim of the lack of diversity in the appointment of judges.
Lecha had pointed out that the judges appointed to the bench should generally reflect the demographics of the country. In particular Lecha revealed the intention of the LSB to challenge the latest appointment of Judge Jacobus Brand. However, Government released a statement, condemning Lecha’s statement and demanding an apology.
The statement, signed by Office of the President Permanent Secretary Eric Molale, promised that Government would boycott any engagement with the lawyer’s body until the apology had been tendered. Subsequently the Law Society stuck to its guns, arguing that it was not targeting Brand but rather the legitimacy and credibility of the appointing process. Kirby’s statement therefore seems to be an attempt to apologise on behalf of the lawyers’ body.
The statement, signed by Office of the President Permanent Secretary Eric Molale, promised that Government would boycott any engagement with the lawyer’s body.
The strongly worded letter statement from the Society cautioned Kirby from personalising the discussion. “The reference to the Chairman of the Law Society is rude and disrespectful. If indeed the report is correct, it is unfortunate to put it mildly. As the Chairman represented the Law Society it can simply be concluded that such statement could be properly read as directed at the Law Society of Botswana. That this would be unfortunate cannot be overemphasised” states the report.
“The principle stated in the speech that a judiciary must reflect the demographics of the society it serves is accepted the world over. Any suggestion that it has racist undertones is therefore rude and disrespectful, coming as it is from a legal luminary that His Lordship is, it is indeed regrettable and unfortunate,” added the Law Society.
The Law Society questions the statement that Brand was approached because of his experience, asking, “in its challenge, as stated very clearly in the speech, that the LSB is not questioning the credentials of His Lordship Brand JA. It is simply concerned with the very issue reportedly raised by his Lordship the Judge President, that is, that he was “approached”. Who approached him and on what or whose authority. Is he the only one who possesses such credentials? Were there any others with similar or better credentials approached? It is this lack of transparency that concerns the LSB”.
The new exchange between the top judge and the Law Society adds fuel to the fire that is engulfing the judiciary of the country. The stand-off between the Executive and the legal fraternity continues.
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