News / Africa
Botswana lawyers takes on Ian Khama
07 Nov 2015 at 16:43hrs | Views
A full panel of the Botswana's High Court will on Monday hear the case in which the Law Society of Botswana is challenging President Ian Khama's powers in appointing judges.
This follows Khama's decision to reject the Judicial Service Commission (JSC) recommendation to appoint veteran attorney Omphemetse Motumise as a judge of the High Court.
Khama instead endorsed Zein Kebonang‚ the brother of Trade and Industry Minister Sadique Kebonang. This decision was made behind closed doors.
The applicants will argue that Khama's decision is unconstitutional and unlawful‚ according to a statement by the Law Society of Botswana. It argues that the JSC has the sole responsible for deciding who should be appointed a judge of the High Court.
The case calls into question the independence of the judiciary.
The minutes of the 1966 London Bechuanaland Constitutional Conference will be part of the record. The Botswana Guardian earlier reported that the Law Society of Botswana will argue that the JSC's role in appointing judges under Section 96 (2) does not permit exercise of any discretion by the president to reject the commission's advice.
Justices Lakvinder Walia‚ Abednico Tafa and Phadi Solomon will hear arguments in the High Court in Gaborone.
This follows Khama's decision to reject the Judicial Service Commission (JSC) recommendation to appoint veteran attorney Omphemetse Motumise as a judge of the High Court.
Khama instead endorsed Zein Kebonang‚ the brother of Trade and Industry Minister Sadique Kebonang. This decision was made behind closed doors.
The applicants will argue that Khama's decision is unconstitutional and unlawful‚ according to a statement by the Law Society of Botswana. It argues that the JSC has the sole responsible for deciding who should be appointed a judge of the High Court.
The case calls into question the independence of the judiciary.
The minutes of the 1966 London Bechuanaland Constitutional Conference will be part of the record. The Botswana Guardian earlier reported that the Law Society of Botswana will argue that the JSC's role in appointing judges under Section 96 (2) does not permit exercise of any discretion by the president to reject the commission's advice.
Justices Lakvinder Walia‚ Abednico Tafa and Phadi Solomon will hear arguments in the High Court in Gaborone.
Source - RDM News Wire
