Saturday, November 7, 2015

Motumise vs President Dr Ian Khama

Kante just what is the dispute in the LSB and Motumise vs. President Dr Ian Khama and others case? Yes we know that in not appointing attorney Motumise as Judge President Khama is said to have "rejected" the advice of the Judicial Service Commission (JSC). But what does "rejecting" advice of JSC have to do with the constitution?


  1. The constitution is said to clearly state that the President shall act IN ACCORDANCE with the advice of the Judicial Service Commission (JSC).
  2. The President admits that he acted IN DISCORDANCE with said advice!  So what's the beef? He acted unconstitutionally!

Forget about ADVICE by its nature being not binding. What is binding here is the words "IN ACCORDANCE WITH". These words can never be interpreted to mean the same thing as "IN DISCORDANCE WITH".

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