Ryder Gabathuse
3 October 2008
Francistown — When the Botswana Defence Force (BDF) band belted the jazzy Shauri Yakho at the Tati River Lodge Mowana conference hall last Saturday, retiring Francistown High Court Judge, Justice John Zwibili Mosojane, was the first to take to the dance floor.
This was his last dance in the judiciary. So, it was not surprising that the 70-year-old put his very best on the dance floor, perhaps in appreciation of the retirement party in his honour and colleague, Justice Thomas Masuku, who is returning to his native Swaziland.
In a long row, Mosojane who was dancing with his wife, 57-year-old Tatitown Customary Court president, Margaret Ludo Mosojane, was joined by other justices and officers of the court. They literally set the stage alight dancing to the tunes of the slow tempo of the Shauri Yakho beat.
Like the old steam engine train, often referred to as Makalanyane terena ya magala in the vernacular, the legs and hands moved slowly in the air, with the elderly people swaying their bodies to the tunes.
Chief Justice, Julian Nganunu, Justices Mpaphi Phumaphi, Zibani Makhwade and his wife, Thomas Masuku, Justice, Defence and Security minister Ramadeluka Seretse whose partner on the dance floor was Attorney General, Dr. Athaliah Molokomme, Registrar and Master of the High Court, Godfrey Nthomiwa, and many other attorneys from both government and private practice unleashed their very best.
In social gatherings in his youthful years when he started practicing law, he loved music and dancing so much," reveals the retiring judge's wife post last Saturday's party. She says her husband (Mosojane) never stopped listening to a variety of musical genres and dances.
In fact, she says in their entire life together, "we loved dancing. When we started off as lovers and in our married life, we danced together."
She presented Mosojane as a man who enjoyed music and dancing just for the sake of entertaining himself and the family. "Now, our four children are following in our footsteps. They love music and dancing to entertain themselves when with their peers or even in family gatherings," she says.
Margaret Ludo Mosojane, who is affectionately known as Mma-Mosojane describes her retiring husband as her true friend. "We are best friends, more than husband and wife. Over 30 years in our marriage, we still regard each other as best friends. Well, people do fight and differ, but nothing will affect our friendship," says Mma-Mosojane matter of factly.
In her current job as a Customary Court president, Mma-Mosojane appreciates so much the contribution of her husband, especially on legal matters. "You will realise that in the job of a customary court president, some of us simply apply our emotions and feelings disregarding the realities of the law itself. Rre Mosojane has helped me a lot in handling domestic violence on women and children, especially its criminalities," she explains.
In particular, she appreciates that her husband trained her on the general view of the law, especially on the provisions of the Criminal Procedure and Evidence Act, Penal Code and other provisions. "Now, I understand these things through his guidance. He really encouraged me to be pro-justice and pro-human rights in my decisions. Every citizen has a right to be heard and I subscribe to the legal notion that a person is innocent until proven otherwise."
Mma-Mosojane values her husband's guidance saying that it has made her a better person. "I consult extensively with him and then the Attorney General's Chambers. I relied upon my husband to do a better job," she confesses. Today, her understanding of the law makes her job even easier because she reads a lot.
The retiring judge is known as an independent-minded person who often speaks his mind without any fear. He aptly demonstrated his independence a few months ago when he said: "The Permanent Secretary to the President (PSP) was beginning to interfere too much with the operations of the IEC. I thought we had resolved some of the issues at some stage, but that some of them persisted, worried me a lot," Mosojane said in an earlier interview. Justice Mosojane described himself in an interview then as one person who was "very sensitive to issues like the independence of a body like the IEC, which I chaired".
Mosojane resigned the IEC chairmanship last June. Although he was uneasy explaining the real reasons that precipitated his early departure from the IEC, he said then that he had more time before the end of his term. Informed sources revealed that the interfering hand of the PSP may have angered Mosojane, who often went without payment of his sitting allowance.
Mosojane and some of his team members had their official external trips frustrated by Eric Molale who would take his time before issuing authorisation, sources have said. As the person authorising the external trips and per diems, he would reportedly not do so. Asked to confirm or deny the issue of the sitting allowance and the external trips Mosojane chose to say: "This is a long story. I was unhappy with certain things at the IEC, which surfaced when I had already filed my resignation."
Mosojane's other explanation of things was that "I was looking at the fact that I may not be a judge during the next elections. I would have stayed if I was sure I would be a judge in 2009. I won't be on the bench in 2009 when the country holds the next general elections and because the IEC requires the chairman to be a sitting judge, I opted out," he further explained.
Former leader of the Botswana Peoples Party (BPP) and Boikhutso ward councillor, Motlatsi Molapise describes his former comrade as a principled man. They worked closely together when Mosojane was the BPP general secretary whilst he was in private practice.
"He contributed immensely in organising for the party. Together with him, we fought with the government over many issues. In 1984, Mosojane and the late Dr. Knight Maripe queried the government to balance the scales and nominate even opposition members in areas where the opposition enjoys majority," reminisces Molapise.
He adds that Mosojane helped in taking the concerns of the party and the nation direct to the then state president. "It was during his tenure as the general secretary that we compiled a pamphlet called 'Letters to the President', reminding the nation of the party's endeavours to bring change. We literally kept the Office of the President on its toes as all the issues affecting the nation were communicated to Office of the President," he says hailing Mosojane as a hard worker.
Molapise describes Mosojane as a true revolutionary of that time and has helped in keeping the BPP on the political map. "Mosojane helped a lot on making the inner-party feelings known to the OP and the nation at large. He previously stood for the parliamentary elections for the Francistown constituency and lost to Patrick Balopi of the ruling Botswana Democratic Party (BDP)."
The BPP councillor further describes Mosojane as a "powerful man and very brave. I just wish him well in his retirement."
In his farewell speech last Saturday Mosojane said that it was in early 1997 when he told his partners at Mosojane, Phumaphi and Company law firm of which he was a senior partner that he would be retiring end of June the same year. "Little did I realise that before the end of that year, I would be persuaded to come onto the bench of the High Court of Botswana," says Mosojane and adds that it was in September 1997 that Chief Justice Nganunucalled him and asked him to consider an appointment on the bench of the High Court.
"I had been approached before by Chief Justice Nganunu's two most immediate predecessors. Their approach had not been as inspiring. They had thrown the ball at me, as it were, and then asked me to come back to them if I was interested. I did not go back to them because I did not want it to appear as if I was looking for a job," he explains.
Former Chief Justice, the late Moleleki Mokama, "had previously queried my previous political involvement with which personally, I had no problem with. He said that was the only problem he saw and then asked me to come back to him if I was comfortable with it. I did not go back to him."
He hailed Chief Justice Nganunu's approach: "He said to me after introducing the subject, 'chap I want you to think about this. I will call you again after a week for your answer. I thought about it for a day or two against my plans to retire in 1998 and I decided I was not going to take up the post. Then I decided to inform my partners Justice Mpaphi Phumaphi and the late Ron Chakalisa about this approach and my decision."
Mosojane says when he informed that "I had decided to turn down the offer, Justice Phumaphi said to him sharply, "What! You can't do that." This made him reconsider his decision. His partners told him to his face that they have been urging the authorities to localise the bench and wondered who was going to take them seriously with their man giving "no" for an answer.
It was after persuasion from amongst other people and his wife that Mosojane accepted the post. At the time of his appointment, the retirement age of judges was 65 years and for one to earn pension one had to have worked for at least 10 years. In his case, he was going to turn 65 after six years, which meant that he would not earn the contemplated pension when he reached that age.
"It was for this reason that I was then appointed on gratuity. Yet later when some judges wanted to earn gratuity they argued quite unfairly that I had been favoured. One of the judges actually persisted in that accusation despite my explanation. I do not easily get upset. I must say, however, that this accusation got me really upset, especially that the media later picked it up and misinformed the public about me and the appointing authority," Mosojane tells his side of the old story.
On the IEC, Mosojane says, "throughout my time on the bench, my heart was at the IEC. I have always had a heart for issues of democracy and human rights and I am uncompromising when it comes to these issues." His main frustration though is that he could not be chairman of the IEC without being a judge and it meant that he had to keep his job on the bench. "I wanted to see a respectable electoral institution, which was able to deliver credible elections, which were free and fair within the confines of the law governing elections."
Justice, Defence and Security Minister, Seretse, says Mosojane is no stranger to Francistown as this is where he practiced law and later became a judge in the same city. He says he has always known Mosojane as one of the top guns in law.
He also mentioned Mosojane's participation in the BPP politics saying he finds the man to be principled and easily adaptable. "This is what we cherish in a democracy. He is the first Motswana judge in Francistown to retire from the bench and has contributed immensely to the development of the law and has acquitted himself with distinction," says Seretse.
The minister was impressed by Mosojane's "simple approach to legal issues." He also thanked Mma-Mosojane for "keeping Mosojane younger than his age". His advice to the retiring judge: "Take a good rest. Those who have a good rest must come back to do something."
Nganunu and Mosojane schooled together in the 1950s. Nganunu schooled at Mapoka primary school whilst Mosojane was at Masunga primary school.
"Mosojane was a brilliant student during his hey days. We later met at Kgale for our secondary school education and for the three and a half years, no student could match us. Our next meeting station was at the Attorney General's Chambers," remembers, Nganunu
Nganunu further describes Mosojane "as a good judge. If he is willing to work at the High Court of Appeal, I can think about it." He says the retiring judge has a judgeship aptitude. "He listened to the lawyers as they presented their arguments. I have learnt a lot about the character of a judge from Mosojane. As a judge, the man is highly principled."
During their days at the St. Joseph's College, Nganunu says he made the mistake of assuming that he was of the same age as Mosojane "and he would always remind me to watch myself lest I crossed the line as we were not of the same age."
"We will come to you to research and seek assistance on legal work. As the IEC chairman, I trusted that he would execute his job fairly, honestly and would remain neutral. If a country does not have a strong chairman and secretary of the IEC, there can be sabotage of the process of the elections," he adds.
Attorney General Molokomme, who also graced the farewell party, says she grew up emulating Justices Mosojane and Phumaphi. "They are the reason why some of us studied law. Justice must not just be done; it must be seen to be done. The northern bench of the High Court is known to be robust in the jurisprudence," she says with a sense of pride.
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