
President Ian Khama's exclusive executive powers were on Friday reaffirmed by three High Court judges when they ruled Friday afternoon that the power to appoint judges to the bench vests exclusively with the President, not the Judicial Service Commission (JSC). Attorney Omphemetse Motumise and the Law Society of Botswana (LSB) had dragged Khama to court challenging his decision to refuse to appoint the former citing 'national security' among other considerations. Motumise and LSB wanted court to declare that the president is bound to follow and implement the lawful advice of the JSC, and to review and set aside Khama's decision not to appoint Motumise as a judge. They argued that the president acted irrationally by refusing to give reasons for refusal. But Justice Walia differed, saying it was benevolent of him to not make a disclosure in public lest the applicant suffer damage to his reputation. "The President committed no reviewable wrong in making the decision," he said. Justice Walia also crashed the argument by Motumise and LSB that the power of appointing judges is vested with the JSC, with the president's role just ceremonial and a formality. He said such argument is flawed because if the JSC was always…