03 Feb 2015

Chief Justice, Mr Maruping Dibotelo, has commended the Independent Electoral Commission (IEC) for good service in partnership with the judiciary.

Speaking at the official opening of the 2015 legal year in Gaborone on February 3, Justice Dibotelo said they did so under challenging and difficult conditions, which he noted should be improved.

He said the country held successful general elections in which the judiciary played a pivotal role supporting the electoral process and ensuring that there was no vacuum at a time when the nation awaited the election of a new government.

He said the courts were able to effectively and efficiently handle and conclude with the necessary swiftness all post electoral litigation to ensure smooth transition of a new government, a development which reflected a well-functioning judiciary. 

Justice Dibotelo told attendants, amongst them President Lt. Gen Seretse Khama Ian Khama, Vice President, Mr Mokgweetsi Masisi and cabinet ministers that in his 18 years as judge of the High Court, there were no post-election petitions which normally preoccupied judges soon after the general elections.

The Chief Justice said the absence of petitions was a clear demonstration of the growing public confidence, maturity and pro-active planning, hard work and integrity of the IEC. 

Therefore, he commended the IEC for a job well done, noting that the commission was an important institution which ensured that the electoral process in the country was not compromised.

Justice Dibotelo further noted that in view of the key role the IEC played in supporting the rule of law, it was critical to further strengthened the commission through allocation of proper and adequate resources to effectively live up to the expectations of Batswana.

“For instance, it has to be capacitated by being allocated state land to build its headquarters and acquire modern equipment that would enable it to speed up the counting of votes whenever there are elections,” he said.

On other issues, he announced that the long awaited extension of Broadhurst Magistrate Court from its current four-room facility to a 10 court-room facility, with more office space for support staff and registries, would finally commence this year.

In addition, he said some development projects such as construction of Kanye Magistrate Court and residential houses for magistrates in Maun which had to be deferred on account of the global economic slowdown, were unfrozen during the 2013/14 financial year.

Justice Dibotelo, however, expressed disappointment that those who were vested with responsibility to ensure that such projects were carried out had not expedited their commencement.

Furthermore, magistrates’ courts in Shakawe, Kang and Nata had not yet started operating though he had identified and approved buildings to be used as courtrooms at some of these places as far back as 2013.

Meanwhile, Justice Maruping said the Small Claims Court was doing an exceptionally good job as attested to by its quick, high case disposal rates and the increasing public demand for roll out of its services to other parts of the country.

“While the performance of this court has been exceptionally good, our major challenge has been and continues to be the supporting manpower especially court bailiffs required or ensuring service of the process issued by this court, including effective enforcements of the orders,” he said.

He said a sizeable number of litigants using the services of the court were indigent and lacked the necessary financial resources to engage deputy sheriffs to enforce orders made in their favour. 

The development, he observed, frustrated the whole process of litigating before this court if those successful were systematically excluded from reaping the fruits of the orders made in their favour. ENDS