Former President and now Kgosi Ian Khama IV has raised fresh concerns over what he described as the growing perception of “captured” judges within the judiciary, warning that public trust in the country’s justice system is being eroded.
Khama asked the Minister of Justice and Correctional Services Nelson Ramaotwana whether he was aware of mounting complaints — including from the Law Society of Botswana — alleging that some judges have come under undue influence, and what steps the Ministry was taking to restore confidence in the judiciary.
In response, the Minister acknowledged awareness of such allegations but emphasized the constitutional limits of his role.
“Though I may be aware of allegations, I may not interfere with the process as laid forth in the law,” the Minister said, citing Section 11(b) of the Judicial Service Act, which places responsibility for dealing with judicial misconduct firmly in the hands of the Judicial Service Commission (JSC).
The JSC is the independent body mandated to handle complaints against judges, magistrates, registrars, and other judicial officers.
The Minister reiterated that due to the principle of separation of powers between the Executive and the Judiciary, the Ministry cannot intervene directly in matters concerning judicial integrity.
However, he encouraged Khama and any other concerned parties to formally report instances of alleged judicial capture. “If there are any known cases of judicial capture, the Honourable Kgosikgolo may, if he so wishes, report such cases accordingly for further investigation and for the attention of the Judicial Service Commission,” the Minister said.
Allegations of judicial capture have surfaced in recent years amid political tensions and controversial court rulings, with critics — including the Law Society — warning that the judiciary risks losing its independence and credibility if such concerns are left unaddressed.
Khama’s remarks are the latest in a series of public criticisms he has leveled against state institutions since his fallout with the then ruling Botswana Democratic Party (BDP) and subsequent self-imposed exile in South Africa.
The government has yet to announce any independent probe into the allegations, but the Minister’s remarks suggest that formal complaints must go through existing legal channels for any action to be taken.
