– Law Society demands greater accountability from Law Enforcement Agents
Kutlo Motseta
3rd February 2026
The judiciary held its annual legal year opening ceremony at the Gaborone High Court, Central Business District in Gaborone.
The event was attended by representatives from across the country as well as different arms of Government such as the Acting President His Excellency Ndaba Gaolathe and the opposition leader of the Botswana Congress Party(BCP) Honorable Dumelang Saleshando.
The keynote speakers were the Chief Justice Mr. Gaolapelwe Ketlogetswe, President of the Law Society of Botswana, Lesedi Moahi and the newly appointed Attorney General, Dick Bayford.
The Chief Justice reaffirmed the Judicial Services Commission’s (JSC) commitment to gender equality. He said four of the eight recent judicial appointments are women and that Justice Jennifer Dube’s recent appointment made her the first female judge president of a high court division in Botswana.
He reported more progressive steps that the court has taken such the establishment of a Specialized Criminal Court in Gaborone and Francistown to facilitate with the timeous disposal criminal cases.
“Backlog involving capital offences take a long time to complete. This is an undesirable state of affairs, as it compromises the rights of accused persons to be tried within a reasonable time and further disadvantages or traumatizes those affected by these crimes,” said Chief Justice, Gaolapelwe Ketlogetswe.
A commercial court has been established to further enable national economic growth.
“Commercial Court will deal exclusively with commercial cases. … to promote ease of doing business in Botswana, which is key to attracting credible investors, both domestic and foreign,” he added.
A high court has also been opened in Mahalapye to service the Central Region of Botswana. It sits at the Mahalapye Magistrates court. Another high court has been opened in the Southern region and sits at the Broadhurst magistrates court in Gaborone, whilst a northern division court has been opened in Francistown.
The Judiciary of Botswana recently signed, a Memorandum of Understanding with Namibian Judiciary.
“This MoU, Mr. President, will help our two judiciaries to cooperate and share the best practices in areas of ICT, among others,” the Chief Justice said.
The Chief Justice dealt with public concern regarding the bail for repeat offenders, saying, “bail is a matter regulated by law, the Bail Act, No. 4 of 2024 and that courts will ordinarily be averse to granting bail to repeat offenders.”
The judiciary intends to de-link the office of the Master of the High Court, which deals with lost partners or loved ones and the welfare of children – from that of the office of the Chief Registrar so that it can service the public more efficiently.
The Chief Justice expressed his delight over efforts to establish a Constitutional Court and supports the President’s decision to establish it.
“I must assure Batswana that the Judiciary was fully consulted in this exercise and on the need to establish a Constitutional Court … we fully agree that the establishment of the Constitutional Court is long overdue … we fully understand … the value add it will bring, particularly readying ourselves for the ever-changing world.”
Mr Moahi announced that the law Society had published a position paper on the establishment of the court and was less enthused.
“We call for public education on proposed constitutional amendments or constitutional review to precede any amendment process thereby ensuring that the citizens are able to endorse or reject such amendments based on an informed understanding, free from emotional, religious or partisan considerations,” said Moahi.
The Chief Justice also expressed the Judiciary’s intention to build a Kasane Magistrates court. The judiciary also intends to look into the absence of a Magistrates courts in Tswapong and Tutume. He added that there is an urgent need for High Court services in Ghanzi and the greater Kgalagadi area.
The Law Society represented by, Moahi, was frank and clear, about the concerns of the legal profession with the judiciary.
Moahi commended the judiciary for their commitment to their meetings and dialogue but said the Law Society was frustrated by the judiciary’s lack of reciprocal responsiveness.
Moahi said the judiciary had failed to act to address matters that it had raised at those meetings, such as the upkeep of courts which includes building maintenance, running water, printing paper, lack of ICT infrastructure, internet connectivity.
He observed, “These are not minor inconveniences; they undermine the dignity of judicial proceedings and erode public confidence in the justice system.”
He further said that the judiciary was chronically understaffed.
The Law Society said it had complained about judicial appointments and the JSC’s composition for several years. It cited a late-night commission convened by phone on urgency to fill an unadvertised judge’s post, which was filled the following morning. Law Society, expressed it disappointment and is considering withdrawing its nominated member from the commission.
“This unexplained departure has gravely betrayed our expectations and damaged the relationship between the Law Society and the Administration of Justice. The Society has resolved to seek appropriate redress to remedy the situation and set aside the appointment,” said Moahi.
“It is against this backdrop of sporadic appointments that the Society has observed an emerging tendency in certain courts to truncate proceedings, collapse arguments, or prematurely conclude trials, not because the law demands it, but seemingly to manage backlog and institutional pressure to produce judgements,” he added.
The Law Society further voiced its concern about the accountability of law enforcement and security agencies following the incident which affected Ambassador Bridgit Motsepe’s of South Africa, where the state was ordered by the court to apologize for defamatory statements and pay monetary damages. The court made this order after state actors implicated her in criminal activities.
The Law Society said these allegations affect public trust, which not only rests on the courts but also on law enforcement and security agencies.
“The matter involving Ambassador Bridgit Motsepe, which required presidential intervention and a public apology, underscored the gravity of these concerns. Beyond that apology, however, the public has not been taken into confidence. There has been no transparent accounting of institutional failure or clarity on corrective action,” said Moahi.
The Law Society intends to begin advocating more forcefully for the personal accountability of public officers, it fears that failure to do will lead to “continued cycles of reckless litigation, impunity, and avoidable fiscal loss to the public purse…” he added.
The Law Society also introspected and complained about the dressing standards of its members; and encouraged the judiciary to act on its resolution with the society, to throw out such lawyers from the court room and fine them individually for breaching the courts integrity.
“Declining standards of attire especially female practitioners, both junior and senior and behaviour erode the dignity and authority of the courts,” he said.
Attorney General Dick Bayford who is a well-known human rights lawyer, made his maiden speech as Attorney General, following the recent judicial appointment of his predecessor Ms. Nomsa Moatswi.
Speaking to the theme, “The court as a public service,” Bayford emphasized the importance of human rights and the even greater importance of enforcing them.
“Ours (Constitution) is more than a legal text … it’s a solid undertaking made by the state. Its value is not in the legal text … but in the discipline of those entrusted to give it life,” he said.
He spoke about the importance of equality before the courts of law.
“Justice is a constitutional entitlement … behind every case is an aggrieved human experience … our court is premised on protection of human dignity,” he added.
The Attorney General expressed his concern about gender-based violence, including marital rape and nature of the unfair burden of proof on victims, which perpetuates gender inequality.
He expressed his intention to remove all the outdated laws from laws of Botswana.
He stressed the importance of a fully independent Directorate of Public Prosecutions (DPP).
“The DPP should be allocated its own budget to be fully independent …DPP cannot seem to be renting a chair under the Attorney General,” said Bayford.
