The law fraternity has dismissed the government’s ultimatum for an apology over the Law Society’s Chairman Lawrence Lecha’s criticism of the judiciary’s lack of transformation in appointing judges. In its response, LSB refused to offer any apology clearly noting that “the decision by the ministry not to interact with it until a public apology is given is irrational and an abuse of authority”. The LSB was castigated for revealing its intention to file papers to challenge the recent appointment of a His Lordship Jacobus Brand to the Court of Appeal. Government argues that the manner in which the issue was raised was inappropriate.
In his address at the opening ceremony of the legal year 2016 this week in Gaborone, Chairperson of the LSB Lawrence Lecha stated that over the years since as far back as 2006, or earlier, the LSB has been against the appointment of some judges with very limited success. “The interpretation of the relevant provisions of the Constitution is now before the courts and hopefully the courts will this year provide certainty,” he said.
Lecha proceeded by stating that since the Judicial Services Commission (JSC) has proceeded with appointments, the LSB has resolved to join litigation affecting the judiciary and has filed a challenge to the appointment of Judge Brand.
“It is in this instance that government argues that in naming the Judge, who was present in court, Lecha personalised the matter unnecessarily, and displayed an insensitivity that is unbecoming of the leader of a professional association,” government said through the Ministry of Defence Justice and Security (MDJS). “Until this apology is made, the ministry will not interact with the Law Society in any official capacity.”
To this end, we demand an unreserved written public apology from the Chairperson of the Law Society, for the embarrassment he has caused members of the judiciary and the nation.
A statement signed released by Augustine Makgonatsotlhe, Acting Permanent Secretary in the Ministry of Defence Justice and Security, further stated that the insensitivity was further displayed in the statement made by Lecha shortly after mentioning the judge by name, to the effect that the constitution of the higher courts, especially the Court of Appeal, does not reflect gender, race and age demographics in the country.
“By making these remarks, especially in so far as they relate to race, Lecha displayed an insensitivity and intolerance that is not consistent with the values of Batswana, especially Botho, and mutual respect.”
The statement further says the LSB is reminded that the Botswana Constitution guarantees non-discrimination on the basis of race, origin, colour, sex, creed and political opinion. Government further says it is most regrettable that Lecha’s remarks soiled an otherwise dignified and solemn occasion where the leadership of Botswana at all levels was represented, and the world was watching. “To this end, we demand an unreserved written public apology from the Chairperson of the Law Society, for the embarrassment he has caused members of the judiciary and the nation.”
In defending their decision to go to court, Lecha stated that an accepted principle in the dispensation of justice is that the presiding officers of courts must reflect the demographics of the society that those courts serve. “The Society, however, notes that this is not the case in the High Court and especially the Court of Appeal where gender, race and age are disproportionate to the demographic position of the country.”
He further cited that the Society believed, as does indeed a large part of stakeholders and observers, that a concerted drive to address this issue was required. He said new democracies such as South Africa, where the chief justice is championing this issue, have overtaken Botswana in this regard.
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