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Address by the Hon Chief Justice Terence Tsatsilakgosi Rannowane on the Occasion of the Official Opening of the Legal Year on Tuesday 4Th February 2020

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Address by the Hon Chief Justice Terence Tsatsilakgosi Rannowane on the Occasion of the Official Opening of the Legal Year on Tuesday 4Th February 2020 ADDRESS BY THE HON CHIEF JUSTICE TERENCE TSATSILAKGOSI RANNOWANE ON THE OCCASION OF THE OFFICIAL OPENING OF THE LEGAL YEAR ON TUESDAY 4TH FEBRUARY 2020 Directors of Ceremonies Your Excellency the President of Republic of Botswana Dr Mokgweetsi Eric Keabetswe Masisi and the First Lady Mrs Neo Masisi, Your Honour the Vice President of the Republic of Botswana Mr Slumber Tsogwane, My dear Wife- Dr Malebogo Pearl Mosau- Rannowane, The Honourable Speaker of the National Assembly- Mr Phandu Skelemani, Your Excellency Former President of the Republic of Botswana- Mr Festus Mogae and wife -Mrs Barbra Mogae, Honourable Minister for Defence, Justice and security Mr Kagiso Mmusi, The Honourable President of the Court of Appeal, Mr Justice Ian Stuart Kirby, 1 The Former Chief Justice- Honourable Justice Maruping Dibotelo, Honourable Justices of Appeal and your spouses, Honourable Judge President of the Industrial Court- Mr Justice Tebogo Maruping, Your Ladyships and Lordships, Judges of the High Court and your Spouses, Honourable Judges of the Industrial Court, Retired Honourable Judges of the High Court, Honourable Ministers, The Attorney General, Advocate Abraham keetshabe, The Leader of Opposition, Honourable Dumelang Saleshando, Honourable Members of Parliament, Chairman of Ntlo ya Dikgosi, Kgosi Puso Gaborone and Members of Ntlo-Ya-Digosi, Acting Permanent Secretary to the President, Mr Elias Magosi, 2 Your Excellencies, of the Diplomatic Corps and International Organisations, The Spiritual Leaders- Bishop Metlhayotlhe Beleme and Reverend Keleneilwe Kgerethwa, Your Worship the Mayor of Gaborone- Mr Thata Maphongo, Commander of the Botswana Defence Force- LT. General Placid Segokgo, Commissioner of Police- Mr Keabetswe Makgope, Commissioner of Prisons- Mr Silas Motlalekgosi, Permanent Secretary for Ministry of Defence, Justice and Security- Ms Matshidiso Bokole, Registrar and Master, your Deputies and Assistants, All Permanent Secretaries, District Commissioner, Mrs Grace Seitshiro, Phase 2 Honourable Councillor- Resego Thamage, Your Worships of the Magisterial Bench, 3 Chairman of the Law Society of Botswana - Mr Diba Diba, Members of the Bar, President and Members of the Customary Court of Appeal, Captains of the Industry, Senior Government Officials, Members of the Media, Distinguished Guests, Ladies and Gentlemen. I greet you all! Pula! IN MEMORIAM On the 9th of August 2019 we lost Deputy Registrar of the Court of Appeal Mrs. Lilian Koketso Mohwasa, after a long illness and within a short space of time, on the 8th of November 2019 we lost Her Worship Magistrate Grade II 4 Ms Mogi Paya and her daughter in a road traffic accident. On 25th of December 2019 we also lost the former Speaker of the National Assembly, Cabinet Minister and Educationist of repute Mr Ray Molomo, after a long illness. We convey our sympathy, condolences and love to the bereaved families and ask them to take comfort in knowing that their loss is truly our nations loss as well. I request that we stand and observe a moment of silence in remembrance of the departed. (MOMENT OF SILENCE) Thank you very much. We may take our seats. 1. INTRODUCTION Before I proceed with my speech, I think it is proper that I congratulate His Excellency the President for his victory during the General Elections held in this country in October last 5 year. I also wish to extend my congratulations to Honorable Members of the 12th Parliament as well as councillors for their success at the polls. It would be remiss of me if I were to omit to equally congratulate the IEC, its Chair, judge Abednego Tafa, and its Secretary Mrs. Keireng Zuze for the efficient and professional manner in which they conducted the General Elections for 2019 that were hailed as free, fair and credible by a large number of International, continental, regional and local observers. May I also register immense appreciation to Batswana across the length and breath of this beautiful country for the peaceful, patient and mature conduct which they displayed before, during and after the elections. The country’s tradition of holding elections in a democratic, orderly, calm and peaceful atmosphere which is envied the world over, was upheld. 6 1.1 As we enter into a new decade, it is that time of the year, to be precise the first Tuesday of the month of February, when the Head of the Judiciary in marking the official commencement of the High Court business, and also accounts to the Nation on the general hygiene of the Justice and Legal System. The normal Court sittings of the High Court will start soon after the official opening of the Legal Year. 1.2 This address constitutes a condensed synopsis of the year under review, highlighting milestones and challenges which militate against justice delivery and corresponding interventions and the future trajectory in our unflinching quest to usher in “a World Class Judiciary by 2036”, which is our vision. 7 1.3 I earnestly welcome you to this auspicious occasion and wish to express our profound gratitude at your unwavering and faithful reassuring presence, year in and year out to in order to witness and support this critical and immensely important day in our Judicial calendar. 2. 2020 LEGAL YEAR THEME Your Excellency, Your Ladyships, Lordships, Distinguished Guests, Ladies and Gentlemen 2.1 The 2020 legal year theme is: “The Judge as an agent (catalyst) for democracy”. This is informed by the reality that the primary role of the 8 Judiciary is dispute resolution through fair and impartial interpretation and application of the laws of the country. It is thus, the judiciary which plays both the stabilizing and enabling influence before, during and after the elections wherein citizens choose their leaders through adult universal suffrage. 2.2 Our Republic is a constitutional multiparty democracy based on separation of powers and renowned and famed for its adherence to democracy and the observance of the rule of law, free and fair elections at regular intervals and an independent and impartial judiciary. 9 2.3 The separation of powers between the executive, the legislature and the judiciary provides a system of positive and healthy mutual checks and balances exercised by these three arms of Government upon one another. 2.4 In the matrix of a constitutional democracy, Judicial Officers, as agents for democracy, wield immense power and influence in Society. The power exercised by the judiciary is derived from the people and for their benefit as public confidence is the pedestal for a functioning democracy and the observance of the rule of law. In the exercise of this function, judges are expected to do so fairly and impartially. In his scholarly work CONSTITUTIONALISM IN EMERGENT STATES,(p15), B.O. Nwabueze states that: “ The unique virtue of separate 10 procedure of the courts is that, being unaffected by the self-interest and consequent bias of the legislature or the executive in upholding their action, it can be expected to apply to the interpretation of the constitution or a statute an impartiality of mind which inhibits any inclination to vary the law to suit the whims or personal interest of either the judge or a party to the dispute, thus, ensuring that stability and predictability of the rules which is the core of constitutionalism. Whilst admittedly judges may not be entirely devoid of self interest in the subject matter of a legislative act, for no human procedure is ever completely neutral, yet this impartiality serves at once as a safeguard against a possible danger of arbitrariness on the part of the judges in the discharge of their interpretative 11 function, and is reinforced by the doctrine of precedent and the tradition of judicial self-restraint. Furthermore, the process by which the courts exercise their functions, affording, as it does, ample opportunity for full arguments by the parties or their lawyers on the possible interpretation of the law in the context of the facts before the courts, ensures that the court’s decision would reflect the reasonable or accepted view of the meaning of the law.” 2.4.1 In the execution of their duties, Judges need not only be fair but must be perceived to be so by ordinary members of the public. Loss of public confidence in the integrity and the impartiality of the judiciary is a recipe for anarchy and lawlessness. Nwabueze (supra) at (p147) elucidates this point in the following observation: “For it is 12 not enough that the judiciary, as the guardian of the constitution and of the people’s rights, should be impartial; it is equally important that it should be seen to be so. Whatever the quality of its decisions in point of law, it can command no respect or acceptability if the public has no confidence in it…And when things have come to such a pass that people with genuine grievance against government are no longer willing to have recourse to the courts for redress, then that is the end of the constitutional government, and the stage is set for anarchy.” 2.5 Though they may be different and diverse in terms of outlook, orientation, beliefs and persuasions, judicial officers have a common denominator in that as servants of the law and employees of 13 the people they serve, in a democracy they account to the public through simple, well-reasoned and researched, lucid, easy to read and understand rulings, orders and judgments which are delivered timeously, for Justice delayed is justice denied. Reasons for judgments, besides demystifying court operations enable Litigants and members of the Public to appreciate the rationale for the decisions and to make an informed assessment of whether to appeal or not. Judicial Officers’ decisions ought not only to be correct in law but must reflect the norms and values that the society holds dear and strive to achieve outcomes that are consistent with, and promote social justice.
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