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Lakhvinder Singh Walia

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Hon. Justice
Lakhvinder Singh Walia
Judge of Court of Appeal (Botswana)
Incumbent
Assumed office
2017
Acting Chief Justice of High Court (Botswana) at Gaborone
In office
2014–2014
Personal details
CitizenshipBotswana
NationalityBotswanian
OccupationJudge

Justice Lakhwinder Singh Walia is a senior Botswanian judge who has served as the Acting Chief Justice of High Court of Botswana. He is currently serving as a judge of the Court of Appeal of Botswana.[1][2][3][4]

Early life

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He was born in a Sikh family with having Indian descent. He has a brother named Satvinder Singh Walia who is the owner of Engen Truck Inn, a service station. Earlier, Walia worked as an attorney at his own private firm.[5][6][7]

Career

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Prior to working in judiciary, Walia was working as a private lawyer.[7] Walia started his career in judiciary in April 2001 when he was appointed as an acting Judge of the High Court. Again, from August 2002, he was appointed as an acting Judge. He was appointed as a substantive judge of High Court in January 2003.[8]

He has served as a judge of High Court of Botswana at both Lobatse and Gaborone High Court divisions.[9] He has also served as the Acting Chief Justice of the High Court for a brief period.[10] He was meant to retire on December 31, 2016 upon reaching the age of retirement at 70. Initially, his contract was extended by the government for six months which allowed him to complete his cases. He served as a judge for the High Court for nearly 15 years.[8] After that, he was appointed as a judge of the Court of Appeal of Botswana in 2017.[11][12]

Contract extension

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In 2017, Walia's contract extension caused a stir around the nation after being appointed to the Court of Appeal. He had reached the age of retirement, but this extension was given based on his experience as a judge. It was also discussed in the Parliament of Botswana with Minister of Defence, Justice and Security Shaw Kgathi addressing it.[13] His contract was further extended in 2020 which caused widespread discussions and garnered criticism.[11][12][1]

Controversies

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Justice Walia and President of Court of Appeal Tebogo Tau were reported to the Directorate on Corruption and Economic Crime by a litigant in the case involving Stanbic Bank, Hollard Insurance Botswana and the Non-Bank Financial Institutions Regulatory Authority (NBFIRA).[14] Other controversies including a conflict of interest in the case and being reported to the Chief Justice due to his judgements and remarks that caused widespread stir. His remarks in one case were defended by the State's Attorney General who accused the High Court of twisting another judge's remarks as Walia's.[14][15][16][17][18][19][excessive citations]

Notable judgements

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He presided over a case related with government of Botswana's mistreatment against Bushmen tribe also known as San people. He asked the government to clarify the water regulations and the Bushmen tribe to state the quantity of water needed from the well.[20][21] The court's decision and his remarks about the case were criticised as they were in the favour of government.[22]

The case was related with drilling a well to access water around Central Kalahari Game Reserve by Bushmen tribe. It was not allowed by the government which asked the tribal people to move upon discovery of diamonds in Kalahari Game Reserve.[23] Later on, the Court of Appeal overturned this decision and gave a globally praised judgement in favour of the Bushmen tribe in 2011.[24][23][22][25]

In 2011, he was the judge in case of an American national, a veterinarian, Dr. Clay Wilson.[26] Wilson went to the high court against President Ian's interference in administration of justice and his remarks. President Ian declared him as a prohibited immigrant. Walia gave his judgement against Wilson and asserted that he must go home.[27]

Wilson said that this was related to an invitation revoked by Environment Ministry without giving a reason. His visa was also cancelled, and he was to be deported back. To resolve this issue, he went to meet the president's secretary and was peeking around every room to find the secretary. In one room, which he described as a bathroom, he encountered the President and was grabbed by his security guards which caused further commotion leading him to being deported.[28][29] Later, the President denied these allegations about him causing Wilson to being deported.[30]

In 2020, Walia overturned High Court's decision to not hear appeal of Umbrella for Democratic Change about irregularities in elections. He allowed the opposition to appeal against the election results at the Court of Appeal.[31] He stated the appeal case by UDC as reasonable.[32][33][34]

Later, he was among the judges which heard the case against former President Ian Khama. Walia and other judges were not happy with the involvement of nation's spy agency which declared Khama as a national security threat. Walia further questioned and criticised the spy agency of Botswana, Directorate of Intelligence and Security and their work in the case against Khama who called the charges against him as fabricated.[35][36][37][38][39]

See also

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References

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  1. ^ a b Motlhoka, Thobo (24 August 2020). "Justice Walia's contract extension raises eyebrows | Sunday Standard". Retrieved 30 April 2025.
  2. ^ Keleboge, Mpho (31 January 2022). "Criminal investigations against Justice Walia ongoing | Sunday Standard". Retrieved 30 April 2025.
  3. ^ News.gov, Daily (12 June 2024). "COURT OF APPEAL DISMISSES KOBATI APPEAL". DailyNews gov.bw. Retrieved 30 April 2025.
  4. ^ Admin (15 March 2018). "Khama Case with Former Magistrate Set for Month End". Botswana Gazette. Retrieved 30 April 2025.
  5. ^ "Attorney-turned-judge has courted controversy since 1980. - Free Online Library". www.thefreelibrary.com. Retrieved 30 April 2025.
  6. ^ "High Commission of India, Gaborone, Botswana : Events/Photo Gallery". www.hcigaborone.gov.in. Retrieved 30 April 2025.
  7. ^ a b "Walia could retire before suspended judges' case is over | Sunday Standard". 11 December 2016. Retrieved 30 April 2025.
  8. ^ a b News.gov.bw, Daily. "Chief Justice happy with progress". DailyNews.gov.bw. Retrieved 1 May 2025.
  9. ^ Writer, Chandapiwa Baputaki
    Staff (21 February 2011). "BOFEPUSU fails to overturn its deregistration". Mmegi Online. Retrieved 30 April 2025.
  10. ^ .gov.bw, The Justice. "Newsletter Vol..." (PDF). Justice.gov.bw. Retrieved 1 May 2025.
  11. ^ a b Mosikare, Oarabile (18 November 2016). "Four attorneys listed for Walia's post". Mmegi Online. Retrieved 30 April 2025.
  12. ^ a b "Justice Singh Walia joins Court of Appeal next month". Guardian Sun. 20 June 2017. Retrieved 30 April 2025.
  13. ^ Mosikare, Oarabile (3 March 2017). "Parley to scrutinise Dibotelo, Walia contract extensions". Mmegi Online. Retrieved 30 April 2025.
  14. ^ a b Mokwena, Nicholas (21 July 2023). "Justices Tau, Walia reported to Chief Justice". Guardian Sun. Retrieved 30 April 2025.
  15. ^ Mokwape, Mpho (17 February 2025). "High Court twisted Walia's statement-State". Mmegi Online. Retrieved 30 April 2025.
  16. ^ Piet, Bame (25 July 2023). "Infotrac wants judges replaced » TheVoiceBW". TheVoiceBW. Retrieved 30 April 2025.
  17. ^ "Botswana: Election Appeals January 29". allAfrica.com. Archived from the original on 10 January 2020. Retrieved 30 April 2025.
  18. ^ Mokwena, Nicholas (21 July 2023). "Judge Walia's woes continue". Guardian Sun. Retrieved 30 April 2025.
  19. ^ Reporter, Sunday Standard (23 March 2020). "DCEC investigating conflict-of-interest allegations against Court of Appeal judge | Sunday Standard". Retrieved 30 April 2025.
  20. ^ "Botswana high court rules against water rights for Bushmen". www.jurist.org. 22 July 2010. Retrieved 30 April 2025.
  21. ^ Staff Reporter (28 January 2011). "Kalahari Bushmen win appeal". The Mail & Guardian. Retrieved 30 April 2025.
  22. ^ a b International, Survival. "Victory for Kalahari Bushmen as court grants right to water". www.survivalinternational.org. Retrieved 30 April 2025.
  23. ^ a b "Kalahari Bushmen in 'remarkable' legal victory". BBC News. 27 January 2011. Retrieved 30 April 2025.
  24. ^ "Kalahari bushmen's legal victory". The Hindu. 30 January 2011. ISSN 0971-751X. Retrieved 30 April 2025.
  25. ^ "Victory for Kalahari Bushmen as court grants right to water (and more from Wikileaks)". Just Conservation. Retrieved 30 April 2025.
  26. ^ Writer, Isaiah Morewagae
    Staff (28 November 2011). "Unwanted Man gets Respite". Mmegi Online. Retrieved 30 April 2025.
  27. ^ MOREWAGAE, ISAIAH (1 December 2011). "Yes, Wilson must go- Justice Walia". Mmegi Online. Retrieved 30 April 2025.
  28. ^ "Deported doctor's unanswered questions". Guardian Sun. 8 October 2013. Retrieved 30 April 2025.
  29. ^ "Khama kicks out celebrity American surgeon | Sunday Standard". 28 November 2011. Retrieved 30 April 2025.
  30. ^ "Tshekedi Khama denies causing veterinarian's deportation | Sunday Standard". 5 December 2011. Retrieved 30 April 2025.
  31. ^ "Botswana opposition wins right to challenge election result". France 24. 8 January 2020. Retrieved 30 April 2025.
  32. ^ Mosikare, Oarabile (8 January 2020). "Justice Walia says UDC has reasonable appeal cases". Mmegi Online. Retrieved 30 April 2025.
  33. ^ "Botswana opposition wins right to challenge election result". News24. Retrieved 30 April 2025.
  34. ^ AfricaNews (9 January 2020). "Botswana court to adjudicate 2019 election petition case". Africanews. Retrieved 1 May 2025.
  35. ^ mozambique. "Botswana's ex-president Ian Khama dismisses charges as fabricated". Mozambique. Retrieved 30 April 2025.
  36. ^ Mokwape, Mpho (6 September 2022). "DIS escapes punishment for 'lying' against Khama". Mmegi Online. Retrieved 30 April 2025.
  37. ^ Reporter, Sunday Standard (21 November 2022). "DIS didn't prove how Khama is a national security threat – CoA | Sunday Standard". Retrieved 30 April 2025.
  38. ^ Ontebetse, Khonani (16 July 2023). "State refuses to hand over Khama's official residence | Sunday Standard". Retrieved 30 April 2025.
  39. ^ Mokwape, Mpho (28 November 2022). "Khama was a security threat – Garekwe". Mmegi Online. Retrieved 30 April 2025.
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