JSC has got nothing to do with Presidential Nominations

A press release titled ‘Presidential Nominations’ and duly signed under the hand of the Secretary of Judicial Service Commission (JSC) Beulah K. Mguni was issued on 13 September 2024. I am taken aback as to why the JSC would get involved in the Presidential Nominations for the 2024 general election or any general election for that matter when this is not it’s terrain.

The Chief Justice of the Republic of Botswana is the duly designated authority to oversee and ensure the processes and procedures for the Presidential Nominations are carried out as per the provisions of the relevant law. When it comes to Presidential Nominations, the Chief Justice’s functions are distinctly separate from his function as the Chairman of the JSC.

The Office of the Chief Justice and flowing from the power vested on the occupant by Section 38(1) of the Constitution (Returning Officer at elections of President) reads ‘The Chief Justice shall be the returning Officer for the purpose of elections to the office of the President’, the said office is the one that should have placed the press release with respect to anything to do with Presidential Nominations. Nowhere in Section 38 is reference made to the JSC because it is not mandated to play any part in the election of the President of this Republic. The mandate of the JSC with respect to elections is clearly articulated in relevant legislation. Part of that would be the appointment of IEC Commissioners.

Under the circumstances, and should my argument be correct, it demonstrably shows just how careless institutions treat very important matters with far-reaching consequences. The JSC has at best arrogated itself a Constitutional mandate it doesn’t have and at worst, unjustifiably interferes and overreaches in the process of the election of President of the Republic. It cannot be. Surely and at it’s level, the JSC should as already alluded to, be able to distinguish between the Chief Justice’s role and function in so far as Presidential Nominations are concerned and when the same is exercised by him/ her as the Chairman of JSC. The two are from my reading, mutually exclusive. I am prepared to be persuaded otherwise as always. Let’s talk!