29 Nov 2017

Minister for Presidential Affairs, Governance and Public Administration Mr Eric Molale has told Parliament that the matter relating to a petition by a group of Judges who met at Mahalapye  is before the courts.

He said President Lt Gen. Dr Seretse Khama Ian Khama’s settlement with the four judges did not end the petition against the Chiefs Justice because there were other judges in the petition who were not party to the settlement.

Mr Molale said the Judicial Service Commission (JSC) was not part of the negotiated settlement with the four judges.

With regard to the matter that  was settled, Mr Molale noted that President Khama had been acting in accordance with section 97 of the constitution. “The proceedings under that section do not necessarily involve the JSC, therefore President Khama had suspended the judges following his own deliberate judgment and had set up a tribunal in similar fashion,” he explained.

Mr Molale highlighted that President Khama was given powers to revoke a suspension by the Constitution.   The power to establish a tribunal, he said included the power exercisable in the same manner, to revoke the establishment of the tribunal.

He mentioned that for the exercise of the powers under section 97 of the constitution, the  recommendation of the JSC was not a requirement.

Mr Molale was responding to a question by Selibe Phikwe West MP, Mr Dithapelo Keorapetse who had asked the  minister to explain the pardoning of the four suspended judges of  the high court or their apology to President Khama.

 Mr Keorapetse had also asked the minister whether the settlement between the executive and the  four justices sought to terminate the entire proceedings before the judicial service commission (JSC) that was still to determine the petition against the Chief Justice.

Further, Mr Keorapetse asked whether the JSC was part of the negotiated settlement with the four judges and if  not, on what authority  did the executive reached a settlement that binds the JSC. BOPA