Suspended judges win right to receive correct court record

Gaborone High Court has ruled in favour of the suspended four judges to have Registrar and Master of High Court avail them a complete court record of proceedings.

A panel of three judges presiding over the case ruled that the Registrar and Master of the High Court allow preparation of the necessary certificates that were said to be missing from the record of proceedings given to the suspended judges - Key Dingake, Mercy Garekwe, Modiri Letsididi and Ranier Busang.

The suspended quartet says the complete record of proceedings is important in their quest to have the presiding judges Zibani Makhwade, Singh Walia and Leatile Dambe recuse themselves from the case in which they are challenging their suspension. In their judgement the panel indicated that the court reporters that prepared the transcripts should be directed by the Registrar to file the missing certificates as according to the Rules of the High Court.

Reading the judgement, Justice Makhwade stated that there was no certification in the transcripts that were provided to the judges and that there was no explanation tendered by the Registrar for such absence.

The judge said in terms of the rules of the court and the Constitution, it is the duty of the Registrar to keep a record of all court proceedings and to produce upon the direction of the judge or upon request by a party appealing.

The panel also was in agreement with the applicants that recusal application was largely premised on what was supposed to have transpired during the course of the proceedings in the matter. The court also stated that it was a normal practice to refer to the record of proceedings to determine whether application for recusal was justified or not.

Attorney Pepsi Thuto of Chibanda Makgalemele and Company, representing the judges, told the court earlier that incomplete record of proceedings would be prejudicial to her clients’ case. She said they have made requests to the court to meet with the panel presiding over their case to resolve the issue with no success.

“A period of six months has elapsed without the record being availed to us. After much calling and cajoling, what was purported to be the record of proceedings was defective. My clients are being denied fair trial,” she told the court.