Tuesday, May 27, 2014

We create the monsters that our politicians become.

A few years ago, it took a British judge, retiring from service on the Botswana bench, to point out the unconstitutionality of the President appointing a judge from outside the list of candidates recommended by the Judicial Service Commission. Our learned legal fraternity may have been fully aware that what the President was doing was unconstitutional, but were either too scared to speak out, or simply couldn't be bothered.

We create the monsters that our African politicians become, as soon as they assume the reins of state leadership. We give them blank checks to do as they please, rather than safeguard the constitutional rights of the people they govern
.
Take the doctrine of separation of powers, for example. Legal minds in Botswana have argued quite persuasively that in reality, there is no separation of powers in Botswana - the Executive exercices power that should be held by the Judiciary and by Parliament.

What better proof of that can you get, than that  the president's potrait hangs above the head of the judge at the high court, and that at Parliament his chair is constructed literally "above" parliamentarians' chairs, as though Parliament is subserviant to him, and not the other way around.

I have been watching the Oscar Pistorius trial, but I never saw a picture of Jacob Zuma hanging behind Judge Masipa. Why is that so? Has the South African judiciary usurped any of Mr. Zuma's powers? I don't think so.

No comments:

Post a Comment