Maun High Court Judge, Bugalo Maripe has extended interdiction against Chief Justice Terrence Rannowane, from transferring a case involving him from Maun to Gaborone High court pending final judgment on the matter.
Maripe interdicted the CJ two weeks back in a strongly worded judgment in which he further said Rannowane’s decision to appoint a panel of three judges to preside over a matter in which he is a litigant, undermines judicial independence and inconsistent with the constitution.
When the matter returned to court last week Thursday, Maripe extended pending final judgment on whether the case will be transferred to Gaborone or not.
The judgment is to be handed down next year, on March 17th with provision that it may be rendered early.
“It will take time for Judge Nyamadzabo to be transferred to Gaborone anyway,” stated Maripe.
The matter involves a recent decision by Rannowane to transfer a Gaborone High Court judge, Gabriel Gadzani Komboni to Francistown High Court to replace Justice Barnabas Nyamadzabo who is expected to go to Gaborone on transfer.
Komboni has since protested against what he calls an unjustified transfer.
After making clear to the CJ that he was not happy with the transfer and giving his reasons, the CJ is said to have warned Komboni that he was going to write a letter to the Judicial Service Commission so that action can be taken against him.
Komboni then made an urgent application to Maun High Court challenging the transfer.
The CJ then filed another application in which he instructed the case to be transferred to Gaborone as all concerned parties were based there.
However, Komboni through his attorneys argued that it was not necessary to transfer the case to Gaborone and that it was absurd for the CJ to be the one to appoint a panel of judges to preside over the matter.
“The CJ is not an absolute monarch nor is he a revered political cut figure whose decision are beyond reproach. In the words of Lord Denning, “be ye never so high, the law is above you. The CJ is not above the law, just like any other functionary exercising statutory powers, his administrative decisions are subject to judicial review,” stated Komboni’s attorney, Wanano Lumbile who is handling the matter alongside Charles Batsalelwang from Collins-Chilisa law firm.
Rannowane is represented by the Attorney General in this matter.
