02 Feb 2015

A robust and independent Judiciary together with the Executive and the National Assembly are three important branches of government that give credence to any well-functioning  political system. 

The three main institutions provide the necessary platform for an efficient administration. Their independent co-existence help reduce concentration of too much power on one institution over others; a development, which if left unchecked could facilitate good ground for public disorder.

One could perhaps safely say that Botswana's judicial system, which has evolved and matured like old wine over the years, has thus far done well in executing its constitutional duty to interpret the law. 

It is therefore upon this background that the Administration of Justice in Botswana will today (February 3),  appraise the nation on the state of the judiciary at the High Court in Gaborone.  The occasion would also mark the commencement of the legal year; something that has become a tradition and practice every year. 

The address will reflect on strides made and challenges on the judiciary’s constitutional and statutory mandate.

The Chief Justice, Maruping Dibotelo who will be among the primary speakers is also expected to update the nation on any ongoing projects and possibly outline judicial system roadmap for 2015.

During the commencement of legal year in 2014, the Chief Justice talked about the adoption and implementation of Court Annexed Meditation (CAM), which is a form of Alternative Dispute Resolution (ADR).

Chief Justice Dibotelo said then key players in the implementation of CAM such as Judges, Registrars, Magistrates, Attorneys and support staff were to undergo induction on the basic principles of this dispute resolution mechanism prior to the roll out of the programme to ensure swift dispensation of justice.

He was optimistic that CAM will go a long way in reducing backlogs, reducing costs and other expenses associated with formal litigation.

On the operation of Special Stock Theft Courts, the Chief Justice acknowledged assistance by the government to help procure seven mobile caravans for use by such courts in Molepolole, Francistown, Mochudi, Letlhakane, Selibe Phikwe, Palapye and Jwaneng.

“Let me remind you that the intended purpose of these facilitiesis to bring the services of Special Courts closer to the people, the exhibits as well as to facilitate quick disposal of stock theft cases in some of the furthest parts of this country,” Justice Dibotelo has said last year.

He said then that analysis of statistical information of these specialized courts between January and December 2013 indicated that both Jwaneng and Molepolole were doing exceptionally well with a monthly disposal of over 90 per cent.

Justice Dibotelo also expressed discontentment at refusal by some practitioners to undertake compulsory 40 hours of pro-bono work to assist the less privileged in the society as per the requirement in the legal practitioners act for private practicing lawyers.

He therefore implored all practicing attorneys without exception to honour and undertake the exercise seriously.Attorney General, Dr Athaliah Molokomme is also expected to share with the nation her experiences in the delivery of legal services from the government’s perspective. 

The chairman of the Law Society of Botswana is also expected to deliberate at the occasion.

His Excellency the President, Seretse Khama Ian Khama, Speaker of the National Assembly, Judges and fellow legal brains, Members of the Diplomatic Corps and International Organizations and many other dignitaries are expected to grace the occasion. ENDS