02 Aug 2015

The Administration of Justice intends to open three new magistrate courts at Kang, Shakawe and Nata this financial year, Chief Justice Maruping Dibotelo has said.

Speaking during the two-day judicial conference in Mahalapye , Justice Dibotelo said this would help in reducing the distance travelled by people in those areas to access courts.

He applauded the government for recently approving the employment of three magistrates who would be posted to those stations.

When outlining their planned projects, he also explained that they intend to pilot Court Annexed Mediation, funds permitting, to take judicial case management to the next envisaged level as this would result in substantial cost savings in the resolution of disputes.

He said what has been stalling implementation of this reform was funding, adding that they have already placed their budgetary requests for the pilot before government and hope that they would fund the project considering immense benefits that would flow therefrom.

On corruption cases, Justice Dibotelo said as a judiciary they have set up a corruption court in 2013 with a dedicated judge on a rotational basis to deal with all corruption and economic crime cases in an endeavour to support government’s campaign and position for zero tolerance of corruption.

He explained that the corruption court, as observed at this year’s legal year opening was fraught with challenges of too many postponements which impacted on the disposal of cases.

Justice Dibotelo said an analysis of the cases which were before the courts at the material time revealed that the majority of the postponements were at the instances of the prosecution, followed by the Defence and the courts to a lesser degree.

He said the success of this court was dependent on the cooperation and co-ordination of all key agencies, noting that he urged them to take the lead in this regard.

On special stock theft court, he explained that the newly purchased mobile court would deal specifically with stock theft cases, because it would deal with the cases when the exhibits are still available and conduct its sittings at where the exhibits are located.

Justice Dibotelo noted that of recent, reports emanating from the northern region tend to suggest that the many cattle at where these courts are supposed to sit and the attendant challenges of tending them are a direct result of the pace at which courts are dealing with these cases.

However, he said their investigations have shown that the majority of stocks, mostly cattle were matimela, with the other cattle being for cases still under investigation and not yet registered and that quite a few exhibits are for cases before the courts.

When outlining the purpose of the conference, Justice Dibotelo said these conferences afford them an opportunity to share experiences on challenges and frame strategies and resolutions on the way forward including synergy and co-ordination in the planning and implementation of processes.

The theme of the conference was ‘a well-resourced judiciary is fundamental to the expeditious delivery of quality justice’.

Justice Dibotelo said this theme reinforces the centrality of adequate resources to timeous delivery of quality justice, adding that the theme advocates for the adequate resourcing of the Botswana Judiciary whose development and capacitation compared to the other arms of government.

Further, he explained that as a judiciary they were fortunate and indeed grateful that the government has demonstrated keen interest and sensitivity in addressing their financial requirements to enable them to discharge their mandate.

He said they have so far managed to get seven special stock theft courts which were resourced to meet the demand of providing them with motor vehicles and caravans.

Justice Dibotelo said the government also gave them ten positions of Magistrates for the Special Mobile Traffic Courts as well as finance resources to purchase five specially designed buses to be used by the Special Mobile Traffic Courts.

He said the first bus has been delivered and has been assigned to the Traffic Court in Gaborone, while the remaining four would be delivered and assigned to Maun, Francistown and Palapye Special Traffic Courts amongst other places.

He said these buses would improve their case disposal and promote access to justice. Ends