This week marked the commencement of the 2026 legal year under the theme “Court as a Public Service.” Chief Justice Gaolapelwe Ketlogetswe, the judiciary’s foremost authority, delivered an address reflecting on the state of Botswana’s judiciary, evaluating court performance, and outlining strategic priorities for the coming year.
Alongside the Chief Justice’s remarks, the Administration of Justice (AoJ) unveiled its 2025 Annual Report. The document, orchestrated by a committee chaired by Justice Godfrey Nthomiwa, Judge President of the Maun High Court, and supported by Chief Registrar Mompati Taolo as deputy chairperson, draws on insights from a broad coalition of judicial officials. This includes the Registrar of the Court of Appeal, regional magistrates, senior administrative personnel, and the Principal Public Relations Officer serving as secretary.
The report, however, exposes a stark discrepancy with the narrative presented by Chief Justice Ketlogetswe. While the speech conveyed an optimistic view of judicial staffing, the committee’s detailed data paints a different picture. Specifically, the statistics cited by the Chief Justice in paragraph 9.4.2 of his address are directly contradicted by figures found on pages 64 to 67 of the Annual Report.
In his speech, the Chief Justice recounted the judiciary’s inaugural judicial conference held from July 30 to August 1, 2025, in Palapye. The conference was designed as a forum for deep engagement with key AoJ stakeholders and to formulate resolutions guiding collaborative efforts across the justice sector. Among these resolutions was a commitment to filling vacant positions within the AoJ to enhance service delivery.
At paragraph 9.4.2, the Chief Justice asserted, “Over and above the appointment of new Justices of the Court of Appeal and Judges of the High Court, more vacancies of Registrars, Masters, Magistrates, and other cadres in the Administration of Justice have been filled to a point where we do not presently have vacancies in our organization.”
The Annual Report, however, offers a contrasting account. Pages 64 to 67 reveal that at the outset of the 2025 legal year, the approved establishment for Registrars stood at 24, with four vacancies recorded as of April 1, 2025. These vacancies were reportedly filled by December 30, 2025, and no vacancies existed within the Master’s Office.
The report further underscores that, per the Official Oaths Act (Cap 26:03), judicial officers must take an oath of office before assuming their duties. Traditionally administered by the Chief Justice, these oaths are now conducted by the President or at designated venues. During the reporting period, six High Court Judges and five Justices of Appeal were sworn in at the Office of the President, while five High Court Judges took their oaths in Palapye during the Judicial Conference.
Regarding the magistracy, the report notes that five vacancies existed at the 2025 legal year’s commencement, distributed across Senior Magistrate (1), Magistrate Grade 1 (4), and Magistrate Grade III/II (4). By the end of the period, vacancies had increased, with three posts remaining unfilled at Magistrate Grade I and eight at Magistrate Grade III/II. This rise is attributed primarily to recent promotions within these ranks.
The Law Society of Botswana (LSB) has voiced sharp criticism of the judicial appointment process. Chairman Lesedi Moahi characterized the current system as opaque, unfair, and marked by executive overreach.
Moahi further alleged that the Judiciary and the Judicial Service Commission (JSC) have acted in bad faith, abandoning prior commitments to transparency. “These concerns were brought into sharp focus in December 2025, when the Judicial Service Commission reverted to practices the Society had understood to have been abandoned. A meeting of the Commission was convened on urgency by a late-night call to members of the JSC, scheduling it for the following morning, culminating in the appointment of a Judge without any prior advertisement of the position.”
He emphasized that this maneuver directly contravened an earlier pledge by Chief Justice Ketlogetswe to advertise all judicial vacancies to ensure fairness to all deserving candidates. “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.”
Moahi pressed for clear regulations governing the appointment of judicial and quasi-judicial officers. “While we await response to our demand, the Society is actively considering, among other steps, withdrawing its nominated member from the Judicial Service Commission until this issue is resolved satisfactorily.”