08 Aug 2016

President of Court of Appeal Justice Ian Kirby has described the departed Justice Elijah Legwaila as a man who was fair but firm.

Speaking during the funeral service of former Permanent Secretary to the President, president of Industrial Court and justice of Court of Appeal in Mathathane on Saturday, justice Kirby stated that Justice Elijah Legwaila was humble and polite to both old and young and had a distinguished career in the civil service and rapidly rose through ranks.

Justice Kirby said the late justice made Botswana proud with his culture of excellence who insisted on discipline in the service during those days when modern Botswana was being built.

He credited that fallen hero for being a pioneer in the introduction of the ongoing successive public service reforms.

Justice Kirby said justice Legwaila was appointed to PSP position by second President Sir Ketumile Masire in 1989 and “Elijah was a key lieutenant to the President”. By then he said permanent secretaries were made up of the country’s talented graduates who became chief advisors to government and spearheaded most policy initiatives and said during Elijah’s time there was no jostling for space between three arms of government and separation of powers for practical purposes.

It was taken for granted during Justice Legwaila’s tenure as PSP to President Sir Ketumile Masire that the cabinet, public service, parliament and judiciary were all working together to build a better Botswana and indeed a better Botswana was built and said the late was one of the architect of Botswana’s success as a nation.

Also he said the late justice prior to the PSP position was the deputy attorney general a right hand man to late justice Moleleki Mokama and in that capacity was instrumental in the negotiating of major loans and grants for Botswana from international financial institutions and represented the country at successions of world gatherings on the law.

When third President Dr Festus Mogae took over, he too chose the late as his PSP and served in that capacity until he reached the retirement age in 1999 and in that role served in the boards of Debswana and Botswana Meat Commission and was a key player in the negotiations with Debeers about diamonds that play an important role in the economy of the country, he stated.

Justice Kirby said the late was in 2003 elevated to Industrial Court presidency after serving for some time as its judge which he described as a well deserved honour  and served in that court for a period of 12 years.

During that time he worked tirelessly to develop that court and simultaneously chairing the council of the University of Botswana and under his tenure the constitution was amended to equal the Judges of the Industrial Court to similar status and benefits to those enjoyed by the judges of the High Court, he stated.

Justice Kirby said his colleague retired in that court in 2011 and was not done yet as in that year was elevated to the Court of Appeal bench by President Lt Gen. Dr Seretse Khama Ian Khama acting on advice of the Judicial Service Commission.

He described him as a source of inspiration to “all of us and brought to our court the benefit of great experience, his international exposure, good understanding of the workings of government, Parliament and as president of Industrial Court added greatest values to the COA bench”.

As a father, grandfather, husband and farmer he was able to contribute meaningfully in cases involving family law, land issues and agriculture and became the court expert in labour law as well as customary law and was recognised as all rounder among the legal elders of the country confirmed by his presence in the law reports on judgments and jurisprudence.

Another speaker PSP Mr Carter Morupisi stated that the late would be remembered for introducing  the Performance Based Appraisal System which improved service delivery in the public sector in the process popularly known as removal of ‘dead wood’  from public service.

Justice Legwaila is survived by his wife, son and daughter, two grandchildren and a daughter in law. He was born in Mathathane on August 8, 1939, and graduated with a law degree from University of Edinburgh and Roma as well as Master of Laws Degree from Harvard University in 1980.

His elder brother Legwaila Joseph Legwaila said his brother took ill in June last year and it has been a difficult episode seeing his brother suffering.

Messages of condolences were read from second President Sir Ketumile Masire and third President Dr Mogae. ENDS