05 Feb 2019

Chief Justice Terrence Rannowane has appealed to Batswana to demonstrate their long standing tradition of good governance and the rule of law by conducting free, fair, peaceful and credible elections billed for this year.

Giving a key note address at the Legal Year opening in Gaborone yesterday, at which President Dr Mokgweetsi Masisi made his maiden appearance as president, Justice Rannowane explained that in terms of Section 32 and 38 of the Constitution and Section 2 of the Presidential Elections Act, the Chief Justice is the Returning

Officer for purposes of election  to the Office of the President.

Mr Rannowane therefore implored citizens and political leaders to excercise tolerance, harmony and mutual respect as well as Botho as ‘no life or limp must be lost on account of elections’.

The Chief Justice further encouraged political parties to strive to resolve any protestations relating to candidacy for political office within the existing mechanisms established within their constitutional frameworks instead of seeking the court intervention on issues that could have been resolved at party level.

Justice Rannowne however assured the nation that as the courts existed to adjudicate disputes and engender a stabilising, tension-dissolving and unifying role, they would   efficiently and expeditiously resolve any  petitions  arising from elections.

Regarding murder cases, Justice Rannowane said the country had recorded shocking incidents of murder cases that included beheading with bodies being buried incomplete.  “The situation has become endemic.  What has become of us?”

He decried that some of the murder cases go unrecorded on  account of suicides by the perpetrators.

Justice Rannowane said the alarming prevalence of murder cases in a country of such a small population was a cause for concern because the hovering and imminent presence of capital punishment seemed to be of no deterrence to the perpetrators.

“This issue cannot be treated with sleight of hand and left to the courts alone, but instead requires the concerted efforts of all stakeholders because if allowed to simmer any further it will morph into a national crisis,” said Justice Rannowane, adding, “Our society must change attitude and show consideration for and respect the sanctity of life.
Justice Rannowane therefore suggested adoption of a multi-sectoral and multi-pronged approach to deal with the high levels of murder.   

He linked the discourse to the family as a key cog and institution for the growth and development of the nation.

Strong family unit, he said strengthened the institution of marriage and respects its sanctity by handing down posterity, social and moral values that cemented communities and served as a bulwark against the social ills and violence besetting the nation, he said.

To lay down strategies against the vices, Justice Rannowane called for the establishment of a national dialogue for all critical stakeholders including dikgosi as cultural and community leaders.

Moreover, he said circuit courts would resume, subject to the availability funds. The move he said was not only meant to expedite such cases, but for deterrence and proximity to the community, where the heinous crimes were committed,  

He said the judiciary was also pursuing, as required by Judicial Case Management, legislation to move murder cases to the High Court from the moment of arrest to afford magistrates more time to manage their own cases. Ends