The Law Society of Botswana (LSB) and High Court’s Justice Gaolapelwe Ketlogetswe have taken President Mokgweetsi Masisi to court over his decision to refer their complaint and allegations against Chief Justice (CJ) Terence Rannowane.

Masisi has chosen the complaint and allegations to be heard at the Judicial Service Commission ( JSC).

For LSB, it has filed an application seeking a review of President Masisi’s decision not to deal with allegations against the Chief Justice after he was reported to him by Judge Ketlogetswe about interference in one of the cases he was handling that involved Lobatse legislator, Thapelo Matsheka.

At the time Ketlogetswe reported Rannowane to Masisi, Matsheka was accused of being involved in the killing of a seven-year-old for ritual purposes in Lobatse.

Ketlogetswe in his allegations said CJ wanted and instructed him to rule against Matsheka as a way not to embarrass the Judiciary and the President.

Now in a notice of motion filed on Friday before the High Court, the LSB wants Masisi to appoint a Tribunal within 30 days of a court order to investigate the complaint lodged by Justice Ketlogetswe on August 11 and to consider the question of the removal of Rannowane.

“Masisi’s decision to refer the complaint against CJ to the JSC be reviewed and set aside. That he set a Tribunal and the subject of the requirement that it must sit in public and that its findings are to be made public, it may regulate its own procedure,” read the notice.

In a founding affidavit by LSB Executive Secretary Lillian Muzimo, she explained that the application was prompted after Masisi failed to deal with a complaint by Ketlogetswe against CJ.

“The applicant seeks for review of the decisions and setting aside of same and thereafter directing the assembling and initiation of a Tribunal in terms of the Constitution,” she said.

Muzimo said LSB maintains that where credence is given narrated by Judge Ketlogetswe about CJ makes a case for misbehaviour and must be subjected to investigation in relation to removal from office as per the Constitution. She pointed out the law society maintains that the only currency that the Judiciary enjoys was the faith, trust, and confidence that the public has in its workings and that the allegations and counter-allegations have received extensive coverage and greatly damaged public confidence in the Judiciary.

“In the premises, it is imperative to restore public confidence in the workings of the Judiciary and to account to the citizenry as to its state and this compels that the Tribunal be held in public and its findings publicised,” Muzimo explained.

The secretary emphasised that the fact that CJ denied attempting to influence the judgment of Judge Ketlogetswe and instead maintained that the whole thing was fabricated and built on deceit was a call enough for investigation, especially since the matter was of public interest.

“This matter is one of great public importance and there is active concern from the general public over the state of the Judiciary since the allegations,” she said.

Muzimo said by all the facts, they seek for the orders made against Masisi and other respondents to be made public.

The review follows a notice of intention to sue issued by LSB against the conduct of CJ and Minister for State President, Kabo Morwaeng on September 22 after the allegations against CJ and Morwaeng were made public.

For Ketlogetswe’s case, he wants the JSC interdicted from dealing with his complaint against CJ that he filed with Masisi. Ketlogetswe in a notice of motion also filed on Friday, said he has taken the President to court seeking the court to interdict the JSC from entertaining his complaint against Rannowane.

“The JSC be and hereby interdicted from entertaining, dealing with, processing, adjudicating, and in any form or manner acting in any manner whatsoever on the complaint lodged with it by Rannowane dated November 14, 2022, pending a final determination of an action to be instituted by me against Masisi, CJ, JSC, and Attorney General, ” he said. Ketlogetswe explained that JSC cannot deal with the complaint as he has already made his intention to sue. The judge has for a while been in the spotlight after reporting CJ to the President about interference and instead of Masisi dealing with the complaint, he referred the