The Pan Afrikanist Watchman

The appointment of Lobatse High Court Judge Tapologo Mercy Garekwe to the Botswana Court of Appeal is proof that women in the judiciary are equally, if not more competent than their male counterparts.

Justice Garekwe becomes the second female Judge at the country’s apex court after Judge Leatile Dambe. Indeed, women have over time proved their mettle in the judiciary.

Renowned rights activist and currently a Specially-elected Member of Parliament Unity Dow,, was the first woman to break the glass ceiling when she was appointed the first woman Judge to the High Court.

Many years later, another fiery constitutional lawyer and also renowned women rights activist, Attaliah Molokomme became the first woman to be appointed the country’s Attorney General.

Judge Garekwe’s latest promotion as Justice of Appeal means women have filled all the critical top posts in the judiciary.

The appointment was also hailed by the Africa Regional Judges Forum (ARJF), to which Garekwe has been a member since 2011.

The forum attributed Garekwe’s ascendance to the due diligence she has demonstrated throughout her career.

The Forum’s president, Justice Key Dinkgake, a Motswana plying his trade internationally, wrote in a statement that it is admirable that Garekwe is the second woman to be appointed to the Court of Appeal since its formation.

 “This is a great feat for not only women in the judiciary but across Botswana, Africa, and the world over”, Dingake said.

Dingake expressed confidence in Garekwe’s competency and experience and made it known that Garekwe’s abilities have manifested over the years in her capacity as a judge, and in her valuable contribution as a member of ARJ.

However, whilst Garekwe’s appointment elicited approbation outside our borders, here at home, there were pockets of isolated murmurs of displeasure.

In fact, others suggested that the promotion was not based on merit but was merely an act of political posturing by President Mokgweetsi Masisi as he tries to endear himself to the female voters.

But for the progressives, deserving women should not be overlooked for positions of authority on the flimsy excuse of gender prejudice and sexism especially in the hallowed halls of the judiciary, which is expected to uphold the highest ethical standards.

Garekwe, was part of the four judges that were suspended for three years during former President Ian Khama’s tenure for standing up for their rights.

The other judges that Khama suspended for alleged misconduct at the time were Professor Key Dingake, Modiri Letsididi, and Rainer Busang. Their crime was that it had been discovered that they were paid undue housing allowances.

However, when all the façade had been peeled away, it was apparent that the real issue was the absence of cordial relations at the time with the Chief Justice Maruping Dibotelo, who had even reported the quartet to the police

A lawyer who spoke to this publication intimated that the judicial system must spurn gender discrimination in all its forms and manifestations and instead assume the lead in mainstreaming gender into the justice system.

Judge Garekwe, who graduated with an LLB degree from the University of Botswana, boasts two decades of dedicated service to the judicial system.

She also acquired a Masters of Law degree from the University of Georgetown, in Washington, DC, in the United States of America.