Dibotelo accuses suspended judges of theft

Chief Justice Maruping Dibotelo says he reported his fellow judges to the police because the Administration of Justice has no investigative capacity or competence to look at the matter.

In papers filed before the court Dibotelo defended his actions saying he did not act out of discrimination nor was it actuated by malice. President Ian Khama late last month suspended Justices Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang. The four judges are now challenging Khama’s powers to take disciplinary proceedings against them on the strength that it violates against the constitutionally protected separation of powers.

In his answering affidavit that was filled yesterday before Lobatse High court Judge, Tebogo Tau, Dibotelo said it was considered important that investigations into the conduct of the applicants be done by an impartial and competent authority to avoid allegations of bias and also to ensure that the integrity of the investigations was not compromised.

Dibotelo stated that the four applicants’ letter and petition were potentially defamatory and insulting. He further states that it is also worthy to note that besides the defamatory letter the applicants are being investigated for a potential offence of theft.

“As the actions of the applicants appeared to constitute a potential criminal conduct, the AOJ could not be a complaint, investigator and adjudicator in the matter. It was also in the best interest of the applicants that whatever allegations levelled against them be tested by an independent and credible body, in the form of the police,” states the Chief Justice.

He said as a matter of public policy, it would have been wrong for the AOJ to conceal the wrongdoing or to apply different ethical, moral and legal standards to the applicants. Dibotelo questions confirmatory affidavits by Justice Godfrey Nthomiwa and Justice Ketlogetswe, who said the issue of suspended judges receiving housing allowance while living in government house was a mere administrative matter. “The attempt by the two Justices to trivialise the unlawful conversion of close to one million pula and describe it a mere administrative matter is shocking to say the least,” said Dibotelo.