09 Oct 2025

The judiciary is not immune to the predatory interests of non-state actors and thus must guard against all forms of pressure.

President Advocate Duma Boko said this during the Southern and Eastern Africa Chief Justices’ Forum annual conference and general meeting  in Gaborone on Wednesday.

President Boko said to safeguard the rule of law, discourse on judicial independence was often framed in a binary manner, with the judiciary on one hand and the state on the other. 

He argued that such was not a true reflection of what constituted judicial interference.

“There are many interests in society in any given country, some of which are predatory and dangerous,” he said.

He also urged participants to examine judicial independence by analysing the relationship between the judiciary, the state and other actors.

He noted that notions of criminal syndicates and cartels infiltrating the state, including the judiciary, should not be negated.

Regarding the accountability of the judiciary, he explained that although court sittings were open to the public, including the media, the judiciary also accounted for its actions through the judgments it handed down.

He emphasised the importance of the judiciary explaining itself and its reasoning so that people could understand its decisions.

“If people do not understand us, they come to certain conclusions, become frustrated and angry at us and we become irrelevant,” President Boko said.

The President warned that when such happened, the rule of law was undermined as people lost faith and confidence in the law itself and viewed it as an instrument of oppression and marginalisation.

For his part, Chief Justice Gaolapelwe Ketlogetswe stated that judicial independence was a key component of a democratic society. Justice Ketlogetswe emphasised that the judiciary would always play its oversight role while being mindful of government, which was another branch responsible for providing essential services to the people.

“As judiciary leaders, we also recognise the value of working with other judiciaries in the future,” he said.

He further noted that the conference provided a platform for judicial leaders from Southern and Eastern Africa to reflect, share insights and best practices to enhance judicial independence and come up with mechanisms and recommendations aimed at fostering judicial accountability.

Southern and Eastern Africa Chief Justices Forum chairperson and eSwatini Chief Justice Bheki Maphalala, said Africa was poverty-stricken despite being endowed with natural resources that benefitted its former colonial masters.

Justice Maphalala said there was need for Africa to change its development trajectory and thus called on the United Nations Security Council to reform and recognise Africa’s need for a permanent seat. He stated that the Security Council had failed to maintain world peace.

Tthe conference, which runs until tomorrow, is themed: Judicial Independence and Accountability in Safeguarding the Rule of Law, and is attended by jurists and academics from 16 countries. ENDS