30 Jul 2014

The Judicial Services Bill, which seeks to consolidate legislation dealing with salaries and retirement ages of judges on Tuesday passed through the second reading in Parliament after being tabled as a matter of urgency.

Presenting the Bill, the Minister of Defence, Justice and Security, Mr Dikgakgamatso Seretse explained that the Bill was brought to Parliament as a matter of urgency because it was published in the government gazette on the 16^th of this month, meaning that it is supposed to mature on the 15^th of next month when Parliament would have concluded its business.

Mr Seretse explained that the Bill replaces the Judges (Miscellaneous Provisions) Act, which deals with the judges’ salaries and allowances, and that it does not provide for salaries of registrars and magistrates as these officers are civil servants and their salaries are dealt with following the usual salaries review.

He also said the Bill, which has a total of 15 clauses, does not seek to alter or improve the remuneration of judicial officers, but only seeks to consolidate and clarify the already existing and approved conditions of service relating to the judiciary as well as to lay a framework within which future developments can be recommended to and by the Judicial Services Commission.

Mr Seretse said having localised the court of appeal and appointed the president of the Court of Appeal and the Justices of Appeal, it is critical to put in place as a matter of urgency the legal framework to provide for the salaries and allowances of the president of the Court of Appeal and Justices of Appeal.

He said while doing so it is also important to consolidate and clarify the existing and approved conditions of service relating to the judiciary as a whole.

Therefore that it is in this respect that the Bill seeks to consolidate provisions relating to the judiciary in respect of the offices and salaries as well as allowances of the President of the Court of Appeal and Justices of Appeal, the Chief Justice and the Judges of the High Court, he said.

However, the Member of Parliament for Gaborone Central, Mr Dumelang Saleshando opposed the urgency of the Bill, saying that the judges have been around for a while and therefore the consolidation of their conditions of service cannot be urgent.

He argued that the move was an abuse of provision for urgent legislation and said even if the Bill was brought in the next siting of Parliament it would do no harm

Mr Saleshando also complained that relevant stakeholders such as the Law Society of Botswana and magistrates have not been consulted, and that even the members of parliament have not been given enough time to study the Bill, which will narrow their contribution when debating.

He therefore pleaded with the minister to at least give them time to consult experts before debating the Bill.

However, Mr Seretse responded that there was never any intention to abuse provisions of Parliament, and that relevant stakeholders in the matter such as the Chief Justice have been consulted.

He said as an administrative procedure, the Chief Justice is the one who is supposed to consult the magistrates, not the minister. He said the Law Society of Botswana on the other hand is not a relevant stakeholder, especially as the Bill is just a consolidation of the already existing conditions. ENDS