Africa-Press – Botswana. The Law Society of Botswana (LSB) has raised alarm over recent judicial appointments, saying it may pursue legal action against the government for skipping the standard public advertisement process.
The Law Society of Botswana (LSB) has expressed serious concern over recent judicial appointments, warning that it is considering taking legal action against the government for bypassing the usual advertising process.
Traditionally, vacancies are advertised publicly, allowing qualified lawyers and legal scholars to submit applications. The Judicial Service Commission (JSC) then reviews applications, conducts interviews, and assesses the candidates’ suitability. After the vetting process, the JSC submits its recommendations to the President, who formally appoints judges.
Speaking during the official opening of the legal year 2026 yesterday, LSB chairperson Lesedi Moahi raised serious concerns about recent judicial appointments saying they have seriously eroded trust in the justice system.
LSB accused Chief Justice (CJ) Gaolapelwe Ketlogetswe of betraying its trust over what it describes as secretive and irregular judicial appointments, further threatening to withdraw its nominated member from the commission.
WORSENING OF THE SITUATION
Moahi said the situation worsened in December 2025 when, according to the Society, the JSC reverted to practices it had understood to have been abandoned.
“A meeting of the commission was convened urgently by a late-night call to members of the JSC, scheduling it for the following morning, culminating in the appointment of a judge without any prior advertisement of the position,” Moahi said.
“This occurred notwithstanding the undertaking by the CJ Ketlogetswe upon assumption of office that judicial and quasi-judicial appointments shall be made with prior advertisement to all deserving candidates, in the interest of transparency and fairness, to continue upholding public confidence,” he said.
According to Moahi, the Society was “totally perturbed” by the developments, adding that the latest events had deepened concerns it has raised for some time.
“This position was communicated to our members only for derogation without prior notice to occur to the shock of everyone. This unexplained departure has gravely betrayed our expectations and damaged the relationship between the Law Society and the Administration of Justice,” he said.
One of the appointments under scrutiny by the Society is that of Mmako Abram, who was recently named to the High Court bench.
LEGAL REDRESS
As a result, Moahi said the Society has resolved to seek legal redress to set aside the appointment. The LSB further demanded the establishment of clear rules and regulations governing the appointment of judicial and quasi-judicial officers.
“While we await response to our demand, the Society is actively considering, amongst other steps, withdrawing its nominated member from the JSC until this issue is resolved satisfactorily,” he said.
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