"We're not racists, we're not xenophobic" - Law Society

Law Society of Botswana (LSB) has reiterated its stance in the demand for the localisation of the Court of Appeal.

Newly elected LSB Chairman, Kgalalelo Monthe explained that the society believes that it is only right and proper and in keeping with international standards, that the Court of Appeal should reflect the demographics of the society that it serves.

“At the opening of the 2016 legal year, the society made a point that in the dispensation of justice, the presiding officers of court must reflect the demographics of the society that they serve. Further, the society noted and still notes that this remains a challenge not so much in the High Court as in the Court of Appeal. In that court gender, race and age are disproportionate to the demographics of the country,” said Monthe.

He revealed that in making this statement, the society was hauled over coals, tarred, feathered and shamed as outcasts who were ill-mannered, racist and xenophobic. The executive was so agitated that a statement was immediately issued expressing these sentiments and notifying the society of an immediate embargo in relations, he said.

The LSB chairman said the views expressed by the society can hardly be said to be xenophobic or racist in any manner. He explained that the law society’s desires and calls for localisation should appear to many a natural resolve because the Court of Appeal is a public institution like all others.

He added: “It is no longer in doubt that judges make law. Law is not an abstract science to the extent that judges are influenced by their own values to reach a decision. In that regard, the Court of Appeal judgements must necessarily reflect our hopes, aspirations and morals. The jurisprudence coming there-from must carry our desires as encapsulated in Vision 2016.

The current procedure for appointment of Justices of Appeal is one of secrecy therefore not transparent.”
Monthe explained that the secrecy leaves the society uninformed on the process and qualities considered that makes a person suited to be a Court of Appeal judge.