LETLHOGILE MPUANG

The Law Society of Botswana (LSB) has opted out of this year's Legal Year ceremony due to concerns regarding the present condition of the judiciary in Botswana.

The LSB's stance is perceived as indicative of mounting unease regarding a possible judicial crisis and the undermining of democratic values in the country.

Despite this significant development, the Department of Administration of Justice (AoJ) and the Ministry of Justice have yet to initiate discussions with the LSB concerning its decision.

Social media

According to Minister Machana Shamukuni of the Ministry of Justice, he has become aware of the issue solely through social media. "I have only seen it on social media," he remarked during an interview. He further noted that matters of this nature are typically directed to the Chief Justice rather than his office, and as of now, he has not received any briefing on the subject.

Nevertheless, sources suggest that it is improbable for the matter not to have been discussed during the first cabinet meeting of the year on 29th January, which was attended by President Mokgweetsi Masisi and his ministers. �We have a problem�

According to a well-known lawyer who opted for anonymity, "If the matter wasn't addressed during the cabinet meeting, it signals a serious problem for our nation and warrants collective concern. This situation highlights the erosion of our democracy and demands the appropriate attention. I won't elaborate further, but the Law Society of Botswana has clearly articulated its concerns."

LSB members passed a resolution on Monday to boycott this year's Legal Year ceremony, expressing their frustrations with the Department of Administration of Justice.

Bribery

In a communication addressed to its members, the Law Society of Botswana detailed several concerns, including unsuccessful discussions, unmet promises, delays in pro bono fee disbursements, the issuance of default judgments, breakdowns in the roll system, and allegations of judicial impropriety such as bribery and judges drafting judgments on behalf of others.

LSB intends to host an alternative event concurrent with the official Legal Year ceremony on February 6th.