Law Society threatens withdrawal from JSC
The Chairman of the Law Society of Botswana (LSB), Lesedi Moahi, has stressed that public confidence in the judiciary cannot be separated from confidence in the process by which judges are appointed.
Speaking at the opening of the 2026/27 Legal Year on Tuesday, Moahi reiterated long-standing concerns about judicial appointments, including the composition and operation of the Judicial Service Commission (JSC).
The LSB has, on several occasions, challenged appointments in court. He noted that these concerns came into sharp focus in December 2025, when the JSC reverted to practices the Society believed had been abandoned.
“A meeting of the Commission was convened on urgency by a late-night call to members, scheduling it for the following morning, culminating in the appointment of a Judge without any prior advertisement of the position,” Moahi said.
This, he added, contradicted an undertaking by Chief Justice Gaolapelwe Ketlogetswe that judicial and quasi-judicial appointments would be advertised to ensure transparency and fairness.
“This unexplained departure has gravely betrayed our expectations and damaged the relationship between the Law Society and the Administration of Justice,” Moahi declared.
The Society has resolved to seek redress to set aside the appointment and has demanded clear rules and regulations governing judicial and quasi-judicial appointments. While awaiting a response, it is also considering withdrawing its nominated member from the JSC until the matter is resolved. Moahi linked these developments to broader structural concerns: the dominance of the Executive in the Commission’s composition, the absence of a
binding and transparent appointment framework, and the erosion of public confidence in judicial independence.
He further warned of an emerging tendency in certain courts to truncate proceedings or prematurely conclude trials—not because the law requires it, but seemingly to manage backlog and institutional pressure.
“Such practices undermine the right to be fully heard and corrode confidence in adjudication,” he said.
Moahi attributed these shortcomings to the appointment of “otherwise undeserving individuals to the bench,” an issue the Society has raised repeatedly.
He cautioned that unless concerns are addressed in action rather than rhetoric, the LSB may reconsider its continued engagement with the Commission.
“When we asked when these issues would be given attention, we were advised by the Chief Justice to put them in writing. We did so, but once again they have been shelved,” he concluded.