Shake up in the judiciary

Senior judges Machael Leburu, Modiri Letsididi, and Tshepo Motswagole are said to be the front-runners for the appointment. The trio, all long-serving members of the bench, have built reputations as some of the leading jurists in the country, with years of experience handling complex and high-profile cases. “The three judges are the most senior and expectations are that they will be the ones to fill the vacancies,” a source said. 

If confirmed, their appointments will bolster the Court of Appeal’s capacity and it is anticipated that they will assist in his expediting appeal cases. CoA, often seen as the ultimate arbitrator of justice in Botswana, plays a crucial role in shaping the country’s legal landscape and the new Chief Justice, Gaolapelwe Ketlogetswe has promised improved services with less judicial drama. 

The expected reshuffle also raises questions about succession planning at the High Court, where their departure will create vacancies that must be filled with equally competent jurists. “It is hoped that recruitment adverts will soon be released,” a source said. 

The expected elevation of these three judges also signals a broader shift in Botswana’s judiciary, which has faced growing scrutiny in recent years. Debates about judicial independence, political interference, and the slow pace of reforms have dominated discussions in legal circles. The trio’s appointments will be closely watched to see whether they bring a fresh, assertive voice to the Court of Appeal or maintain the status quo. 

Insiders say the promotion of these three judges could ease longstanding tensions within the judiciary regarding the process of elevation to the Court of Appeal. Judges have previously raised concerns that the system often overlooked the most senior and experienced High Court judges in favor of external appointments or less-experienced candidates. Some have argued that this practice undermined judicial morale and fairness in career progression. 

Legal experts note that this round of promotions should follow the principle of seniority more closely than in previous instances, which could help restore confidence in the selection process. However, others warn that without formalized guidelines ensuring transparency and meritocracy, future appointments could still be subject to inconsistencies. 

In 2022, Justice Motswagole sued President Mokgweetsi Masisi, Chief Justice Terrene Rannowane, Court of Appeal (CoA) Justice Tebogo Tau and the Attorney General (AG), citing an unfair system when it comes to selecting judges to sit for appeal cases. 

The judge further accuses the Judge President of inviting only certain judges of the High Court to sit on the Court of Appeal to the total exclusion of others, without following a fair and objective process that ensures that every judge of the High Court has equal chance. 

The judge further accused Justice Tau of violating Section 9 of the Court of Appeal Act; “The President of the Court of Appeal has, contrary to Section 9 of the Court of Appeal Act, transformed this illegal practice into a rule of procedure by enactment of Rule 3, Sub-rulers 1 and 9 of the rules of the Court of Appeal, under statutory instruments number 172 of 2018.” Justice Motswagole in his court papers stated that he is of the view that the rules, he terms offensive, should be struck off; “any systematic exclusion of members of the court is ultra vires Section 9 of the Court of Appeal Act and Section 99 of the constitution of the extent that the Court of Appeal is constituted of members of equal worth and jurisdictional power. 

Efforts to get a comment from the Chief Justice were futile as he had not responded to our enquiry at the time of going to print.