Removing a High Court Judge for misbehaviour under the Constitution of Botswana: proposals for reform

Abstract

There is too much executive control in procedures for removal of judges of the High Court under the Constitution of Botswana. It is the President who determines whether or not a question for the removal of a judge ought to be investigated – he sets the process in motion. It is the President who chooses the members of the tribunal charged with investigating the question for the removal of a judge. It is the President who is empowered to suspend a judge. The article assesses the constitutional framework for the removal of a judge of the High Court in Botswana and advances the following main arguments: (1) the Constitution allocates too much discretion to the President in removal proceedings; (2) it is undesirable that the President should have such discretion; and (3) there ought to be a pre-suspension hearing in the removal proceedings. At the end, the article suggests measures for reform.