New High Court Judge, Nomsa Sinki Moatswi boasts an impressive legal career spanning over 25 years, marking her as a deeply experienced and respected figure in Botswana’s legal fraternity. Her journey reflects a steady ascent through various critical roles within the justice system, culminating most recently in her leadership of the Directorate of Public Prosecutions (DPP).
Moatswi began her professional journey in 1999 as a prosecutor within the DPP, demonstrating her foundational commitment to public service and criminal justice. She diligently rose through the ranks, eventually becoming the organisation’s assistant director. Her expertise expanded significantly when she joined the Administration of Justice in February 2018 as Deputy Registrar and Master of the High Court. This role provided her with extensive knowledge in court and estates administration, liquidation, and management of the guardian fund. By December 2020, her capabilities were further recognised with her appointment as Court of Appeal Registrar. On April 25, 2023, Ms. Moatswi was sworn in as Director at the Directorate of Public Prosecutions (DPP).
Moatswi holds an LLB from the University of Botswana, acquired in 1998. Her commitment to legal excellence is further evidenced by her specialized training, including on the United Nations Convention against Corruption and its Review Mechanism, as well as her role as an assessor for the Financial Action Task Force (FATF). As Director of Public Prosecutions.
Upon her swearing-in as the DPP, she publicly pledged to serve the public diligently and to abide by and protect the constitution of Botswana.
Her career path, which shows progression through prosecution, court administration, and specialised training in anti-corruption, suggests that her professional background is not merely a list of achievements. It indicates that she is directly equipped to address systemic inefficiencies and operational bottlenecks within the judiciary. Her experience in court administration provides practical insight into improving processes, while her prosecutorial background offers a deep understanding of the criminal justice pipeline, which is crucial for tackling backlogs. Furthermore, her anti-corruption training is particularly relevant, given President Boko’s stated concerns about “manipulation, litigation, and delays” in the system. This comprehensive background suggests that her potential appointment would not simply be about adding another judge but strategically placing someone with a multi-faceted skill set to contribute to the judiciary’s operational and integrity reforms.
Strengthening the Bench: What Moatswi Brings to the Judiciary
Moatswi’s appointment as a judge by President Boko, her extensive and varied experience, is a significant asset to Botswana’s judiciary, potentially addressing several long-standing challenges and aligning with the new administration’s reform agenda.
The judiciary, as acknowledged by Chief Justice Gaolapelwe Ketlogetswe, faces “congested court diaries,” a “limited number of judicial officers,” and a “case backlog” that has reached “unprecedented levels”. Moatswi’s 25+ years of experience, particularly her time as the DPP and her roles in court administration (Deputy Registrar and Master of the High Court, Court of Appeal Registrar), provide her with an intimate understanding of the flow of cases and the administrative bottlenecks. Her operational insights could be invaluable in streamlining processes and expediting justice.
For a while now, the Law Society of Botswana has voiced concerns over a “discernible drop in public trust and confidence in the judiciary,” citing issues like delayed judgments and perceived lack of transparency in appointments. To address this, President Boko has stressed the importance of judges acting without fear or favour to maintain public confidence. Therefore, Moatswi’s long career in the legal fraternity positions her as a figure familiar with public scrutiny and the need for transparent, impartial application of the law.
Moreover, her appointment will contribute positively to rebuilding public confidence.
Adding to her expertise, Moatswi’s specialised training in the United Nations Convention against Corruption and as an assessor for the Financial Action Task Force (FATF) is highly relevant. This comes against the backdrop of financial crimes before the courts, which she will be called to preside over. President Boko has expressed strong aversion to “manipulation, litigation, and delays” and “excessive bureaucracy” that can hinder progress and even cost lives, particularly in procurement. Consequently, her expertise in anti-corruption and financial crime could bolster the judiciary’s capacity to handle complex cases in these areas, aligning with the president’s broader anti-corruption stance and his focus on fixing “what’s broken” in government systems.
Currently, the judiciary faces significant challenges, including declining public trust, case backlogs, resource shortages, and concerns about appointment transparency. Moatswi’s extensive experience across prosecution, court administration, and anti-corruption could directly addresses these identified problems and align with the judicial reform agenda. Moatswi’s background suggests she can contribute not just to adjudicating cases but also to improving the processes of justice delivery and enhancing the judiciary’s integrity, thereby strategically fitting into a broader effort to revitalize the judicial system. This is more than just adding a judge; it represents adding a specific kind of expertise needed for systemic improvement.
The Road Ahead
Moatswi’s appointment to the judiciary in the new administration carries significant weight for the future trajectory of justice in Botswana. It signals a critical moment for the nation’s legal institutions as they navigate a period of reform and renewed focus on accountability.
President Boko’s administration, the first non-BDP government since independence , has articulated a clear vision for human rights-based governance and a judiciary that is both independent and open to scrutiny. In light of this, a high-profile appointment like Moatswi’s is a key indicator of how this vision translates into practice.
The relationship between the executive and the judiciary, particularly concerning appointments and oversight, remains a dynamic area. While President Boko emphasises non-interference, his stance on judges being “open to probing” suggests a desire for accountability that must be carefully balanced with the constitutional imperative of judicial independence. This is evidenced by the Law Society’s historical challenges to presidential discretion in appointments, underscoring the sensitivity of this balance.
In this new political dispensation, judicial appointments are not merely routine administrative acts; they are highly symbolic and practical statements of the new administration’s commitment to good governance and institutional integrity. Therefore, this appointment could be seen as a strategic move to inject credibility and competence into a struggling institution, thereby reinforcing the president’s broader reform agenda and potentially setting a precedent for future appointments that prioritise merit and address systemic issues.
Ultimately, the impact of such an appointment will be measured by its tangible effects on the efficiency, fairness, and perceived impartiality of the courts. In a nation grappling with case backlogs, resource constraints, and a demand for greater transparency, the addition of a seasoned legal professional like Moatswi, under a reform-minded president, offers a beacon of hope for a more robust and trusted justice system in Botswana.
