05 Feb 2015

Limited resources and lack of funds have incapacitated the Administration of Justice (AOJ) to carry out its annual business as planned.

Speaking at the official opening of the 2015 legal year on February 3 in Gaborone, the Chief Justice Mr Maruping Dibotelo said limitation in their budget allocations through the annual budget ceilings, was increasingly having a serious impact on the ability of the judiciary to operate effectively and efficiently.

The Chief Justice hailed President Lt Gen. Seretse Khama Ian Khama for demonstrating keen interest and sensitivity in addressing their financial requirements.

He noted that it was common knowledge that the development and capacitation of the judiciary in Botswana was from the beginning and for a variety of reasons not as robust as that of other arms of the government. 

Justice Dibotelo said in his view the judiciary had always been under resourced and this view has not changed.

“Governments come and go but institutions remain. To this extent the judiciary should start laying the foundation of a truly independent judiciary which Botswana can be proud of. Botswana, one of the early democracies in the region and leader in the Rule of Law, cannot afford to lag behind and be overtaken by new comers”, he said.

In this regard, the Chief Justice said time has now arrived for the provision of sufficient and suitable funding, which would enable the judiciary to perform its functions to the highest standards.  It would be important for funds once voted for the judiciary by the legislature, to be protected from appropriation or misuse, he added. 

The theme for this year’s Legal opening is “Institutional independence: a cornerstone for an efficient and independent judiciary.” He added that an independent judiciary lies at the heart of democracy.

Justice Dibotelo said various international treaties including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples Rights contain provisions affirming the importance of an independent judiciary in a democratic society. 

He explained that one of the accepted facets of institutional independence was the one concerning financial resources and financial freedom or autonomy that was to be given to the judiciary. This concept, he added had been developed and accepted in most of the democracies governed by the Rule of Law. The doctrine of separation of powers had been suitably modified and adjusted to achieve the above goal of financial freedom of the judiciary.

“Every year the judiciary runs out of funding towards the end of the financial year, resulting in cases being halted due to the courts’ inability to pay witnesses’ allowances, pro deo fees, travelling and subsistence allowance for judicial officers and support staff”, he said.

He said that impacted on the constitutional rights of the accused, especially those held in custody as they cannot be heard, adding that hearing cases within a reasonable time was seriously compromised resulting in applications for dismissals of cases for delays in prosecution.

Nevertheless, Justice Dibotelo vowed to dedicate his energies and efforts in his remaining period as Chief Justice to advocate for the adequate resourcing of the Botswana Judiciary, noting that the manner in which the judiciary was funded in Botswana needed to be improved. 

He said a decision in that direction by the government would go a long way in enhancing public and international confidence on the independence of the judiciary. ENDS