In a loaded letter of complaint to President Dr Mokgweetsi Masisi, Chief Justice Terrence Rannowane has described Lobatse High Court Judge, Gaolapelwe Ketlogetswe, as a deceitful, irresponsible and cantankerous judge who thrives on conflict, falsehoods, and disharmony and constantly seeks confrontation.
This emanates from Ketlogetswe’s allegations that Justice Rannowane and Minister of Presidential Affairs, Kabo Morwaeng, tried to interfere in his independence when he was presiding over a bail application by the former Minister of Finance, Dr Thapelo Matsheka, who was in August arrested and incarcerated for alleged child kidnapping and murder.
Rannowane has lodged a complaint to the Judicial Service Commission (JSC) about what he calls misconduct of Ketlogetswe and wants disciplinary action to be taken against him, while the latter has approached the High Court to interdict the disciplinary proceedings.
In court documents, Rannowane has accused Ketlogetswe of a history of misconduct ranging from politicising judicial matters; taking part in attempts to impeach former Chief Justice (CJ), Maruping Dibotelo; inciting other judges; and disrespecting laid down rules and procedures.
Justice Rannowane also expressed suspicions that Judge Ketlogetswe practised witchcraft and alleged that the 2015-2016 judges’ housing allowance saga exposed the bad blood that existed and continues to exist in the Administration of Justice.
“During the course of this housing allowance saga, a dead lizard was sent to the former CJ with a threat that it was some witchcraft from some foreign land and threatening him with death if he did not resign with immediate effect. I should prepare myself for dead lizards when this fracas heats up,” said Rannowane in a letter to the President and copied to Minister Morwaeng.
He said during the Dr Matsheka matter, Ketlogetswe bombarded him with phone calls the whole weekend (Sat 5th and Sun 6th August) sharing the details of the proceedings and that he was going to grant him bail.
In response, Judge Ketlogetswe said, “I am appalled that the Honourable Chief Justice could find it proper to stoop so low, and attack a colleague’s character without any due self-restraint.”
“I wish to place it on record that my characterisation as deceitful, irresponsible, cantankerous and confrontational by CJ is not only a misstatement, it is also wrong and unjustifiable.”
He confirmed that, prior to his judicial appointments, he was indeed an active member of Botswana National Front but, contrary to allegations of politicising the judiciary, he had long ceased political activism.
He said he knew nothing about a dead lizard that was sent to the former Chief Justice Dibotelo’s office and is not aware of plans of lizards to be sent to the CJ’s office. “I do not keep lizards, let alone dead ones. If the Honourable Chief Justice believes in witchcraft, I want to assure him that I do not practise that craft nor do I believe in its powers.”
Meanwhile, Judge Ketlogetswe has been adamant and unwavering is his allegation that the CJ had insisted that Matsheka should not be released on bail as that was likely to embarrass the President, who had previously complained about Attorney General lawyers failing to properly handle high profile cases.
“Matters really got serious on Sunday morning when the full impact of the CJ’s worries about Dr Matsheka’s impending release dovetailed nicely with those of Minister Morwaeng. I have every reason to believe that the CJ and Minister Morwaeng were in contact about the Matsheka case and my decision on it,” said Ketlogetswe.
However, Rannowane said he had no issues with Dr Matsheka’s release and said he had even congratulated Ketlogetswe on his well-reasoned judgment, but was shocked to learn about allegations that he had tried to interfere and should be removed from office.
The interdiction case will resume on January 4th on urgency and President Masisi, JSC, and Rannowane are cited as 1st , 2nd and 3rd Respondents respectively.
