BOTSWANA: RESPONSE ON CANDIDATE FOR UN JUDICIAL

UNCLAS GABORONE 000153

SENSITIVE
SIPDIS

DEPT FOR IO/MPR BRIAN HACKETT AND L/UNA DARIN JOHNSON
USUN/MR FOR BRUCE RASHKOW

E.O. 12958: N/A
TAGS: PREL AORC KUNR UNGA BC
SUBJECT: BOTSWANA: RESPONSE ON CANDIDATE FOR UN JUDICIAL
POSITION

REF: STATE 16118


1. (SBU) In response to the action request contained in
State 16118, post contacted Botswana's Attorney General,
Dr. Athaliah Molokomme, for her personal views on the
suitability of Botswana candidate Justice Ebrahim-Carstens
to serve in the referenced judicial position at the United
Nations. Attorney General Molokomme has known Justice
Ebrahim-Carstens for over 20 years - while she was in
private practice, while she was a judge on Botswana's
Industrial Court and now as she serves on the Francistown
High Court (the second highest court in the country). The
Attorney General has a high regard for Justice
Ebrahim-Carstens, and is impressed by her "serious work
ethic, dedication to duty and excellent writing skills."
She has no knowledge, nor detected, any impropriety since
knowing Justice Ebrahim-Carstens. Additionally, she is not
aware of any information that would disqualify Justice
Ebrahim-Carstens from being considered for this position.


2. (SBU) The Attorney General stated that Justice
Ebrahim-Carstens' private law practice was one of the most
respected in Botswana. According to the Attorney General,
the practice was always in compliance with Botswana's Legal
Practitioners Act and "could always be relied upon to make
contributions to the development of the profession when the
need arose." During her time in the Industrial Court,
Justice Ebrahim-Carstens presided over a number of landmark
labor law cases. (NOTE: In Botswana labor and employment
disputes are heard at the Ministry of Labor. Any cases
that proceed into the court system are heard by the
Industrial Court, which has exclusive jurisdiction in these
types of cases. END NOTE.) According to Molokomme,
Justice Ebrahim-Carstens is considered to generally follow
the law as written, but will also use her interpretation of
the law when required. Attorney General Molokomme stated
that as the Industrial Court is a court of equity, Justice
Ebrahim-Carstens has experience "in taking a more expansive
view on the law by incorporating non-statutory norms." The
Industrial Court and the Francistown High Court are
considered National Courts.


3. (U) Post has not yet received input on how the MFA will
vote regarding candidates for the UN judicial positions.
If post receives addtional information we will report it
SEPTEL.
NOLAN