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Judicial Crisis

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Motshwarakgole, Kirby and Chilisa
The wheels of justice ground to a halt on Friday morning at the Court of Appeal when judge president Ian Kirby postponed the session indefinitely because there were no judges to hear cases, following a court judgment declaring their appointment unconstitutional and invalid. A day earlier, Justice Abednigo Tafa of Lobatse High Court sent shock waves throughout the judiciary in a landmark ruling declaring that, except for the judge president, the appointment of appeal judges by President Ian Khama is constitutionally invalid and nullified. Justice Tafa also struck down section 4 of the CoA Act of 1980 after finding that it is constitutionally invalid, and further instructed relevant authorities to take necessary steps to regularise the illegality within six months. He also ruled that the appointment of appeal judges on more than one three year contract, as has been the practice for many years, is unconstitutional. Apologising to the litigants, Justice Kirby said because of Tafa's judgement it will not be proper for the affected judges to continue with their duties, nor will they be able to complete and deliver their reserved judgment in two outstanding constitutional cases. "It will not be practical for the present application session to proceed.…

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