President acted unlawfully in declining to appoint Motumise as high court judge
The Court of Appeal has ruled that President Ian Khama acted unlawfully in declining to appoint attorney Omphemetse Motumise as a high court judge.
A panel of five judges agreed unanimously yesterday that the President is not entitled to turn down the recommendations of the Judicial Service Commission, which determines when to fill the vacancy.
In 2015, the Law Society and Motumise filed an application against the President and the Judicial Service Commission following the latter’s recommendation to appoint Motumise as a judge and the President’s refusal to do so.
In its judgment in February last year, the high court had dismissed the application. That court judgement has now been overturned by the Court of Appeal.