AJJF welcomes the decision by the judiciary in Botswana to reinstate to office judges Key Dingake, Modiri Letsididi, Ranier Busang and Mercy Garekwe

The Africa Judges and Jurists Forum (AJJF) welcomes the decision by the judiciary in Botswana to reinstate to office judges Key Dingake, Modiri Letsididi, Ranier Busang and Mercy Garekwe. The four judges were suspended on 28 August 2015 under Section 97 of the Botswana Constitution for alleged misconduct and bringing the judiciary into disrepute.

AJJF has been monitoring the impeachment proceeding of these judges and has on previous occasions expressed its deep concern at the impact of these events on the independence and impartiality of the judiciary in Botswana. The allegations against the four judges should have from the onset been ventilated through a process of dialogue, without the issues being dealt with in the manner in which they were handled. The image of the judiciary and the role played by the executive in Botswana in addressing issues of judicial accountability is something that needs to be considered beyond this situation. Broadly speaking the entire process has been a reminder to pro-democracy forces on the importance of protecting the judiciary from the use of power by the executive. The independence of the judiciary is compromised when those of us who advocate for it, do not stand with those that are persecuted as a result of asserting their independence. There is need for all stakeholders who are concerned with the independence of the judiciary to reflect upon events that unfolded in Botswana and take steps to ensure that no judicial officer is forced into a similar position; were there are forced by circumstance to capitulate to the demands of the executive.

AJJF would like to reiterate certain aspects of the calls by African judges as set out in the Concluding Remarks of a meeting of judges in Harare otherwise referred to as the Monomotapa Initiative/Plan of Action (28−29 April 2016), that

1. There must be support for the institutionalized formation of judges in Africa to deal with issues that affect judges and justice administration with a strong voice as they engage with continental justice issues;
2. Motivate for the establishment of a legal/judicial fund to protect judicial officers in distress or are being persecuted;
3. Motivate for the establishment of an AU special mechanism for the protection and promotion of judicial independence similar to what exists at the UN level;
4. Create platforms for discussion with the other branches of government. In addition have similar roundtables at a domestic level, and
5. Advocate for the establishment of a pool of judges that will sit as observers on matters to do with the impeachment of judges (a rapid reaction unit for judges in distress).

The continued democratization of Africa requires a strong commitment to established democratic principles and norms. The separation of powers doctrine is integral to the maintenance of the rule of law and protection of citizens from excesses by the executive. If Africa is to achieve its development agenda, greater effort than what happened in Botswana must be made to protect judicial officers from the executive.