In 2015 the Judicial Service Commission (the JSC) “advised” His Excellency the President to appoint Mr. Omphemetse Motumise (Mr. Motumise) in accordance with Section 96 (2) of the Constitution of Botswana. His Excellency the President declined to act in accordance with the “advice” and litigation ensued at the High Court on 25th May 2015. This litigation against the JSC and H.E the President, brought by the Law Society of Botswana (LSB) and Mr. Motumise, culminated, on 19th April 2017, in the reviewing and setting aside of the President’s refusal to appoint Mr. Motumise by the Court of Appeal. Following seeming reluctance by the President to comply with the Order of the Court of Appeal, the LSB and Mr. Motumise on the 4th October 2017 filed an application to compel the President to comply with the Order to appoint Mr. Motumise as a Judge of the High Court of Botswana. The LSB is particularly pleased to confirm that Mr. Motumise has on 17th October 2017, been appointed to the Bench. Mr. Motumise’s appointment is with effect from 1st January 2018. The Law Society of Botswana acknowledges with gratitude the support that it has received in prosecuting this matter since 2015. In this regard, it notes the members of the LSB, the legal team who worked on the matter on a pro bono basis (including Senior Counsel), the Southern African Litigation Centre (SALC), Civil Society and the public in general. Today should be the end of a chapter which started way back in 2010 with the drafting of the Law Society of Botswana Position Paper on Appointment of Judges. The Society again thanks those members who, on a pro bono basis, engaged in this exercise.
The Law Society of Botswana