Key Dingake contends : “This does not mean they are not rights. It only means that in the context of Botswana they may not be justiciable (capable of enforcement) because they are not constitutionally entrenched,”

sundaystandard Monday, June 1, 2020 3:56:00 PM EAT

Key Dingake said : “It (law) can be a force for good and it can also be a force for bad. For as long as we know that, then we know what kind of law to enact,” “This is because not all transmissions can be criminally culpable. For example, due to specific characteristics of HIV and Aids, such as the long period of incubation, it is not easy to prove causation and fault of HIV transmission”

newsday Sunday, February 23, 2020 6:44:00 AM EAT

Key Dingake said : “I am obviously elated by the increased recognition, on a global stage, of my scholarship and jurisprudential output as a judge nationally and internationally,”

botswanaguardian Tuesday, February 5, 2019 7:53:00 PM EAT

Key Dingake noted : “the Attorney General does not want to listen to what the courts are saying”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake added : “this court notes in passing that the attitude or standpoint of the Attorney General towards section 15(4) has not changed since the case of Unity Dow and even the recent decision of the Court of Appeal in Ramantele’s case (the courts upheld the right of sisters to inherit their family homestead, rejecting the argument that under Ngwaketse customary law only sons were allowed to inherit it” “Their defense (Attorney General) of section 15(4) appears not to be informed by the development in the case law,”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake said : “The advantage with the open list system is that it allows the court to add on the grounds in accordance with the evolving norms of society and the values of International Human Rights Regime,”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake said : “The same position applies to legislation. Any legislation that is inconsistent with the constitution is invalid to the extent of its inconsistency,”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake said ( about Parliamentary Select Committee ) : "I must state that although the Applicant was witness, it is plain to me having regard to the damaging nature of the accusations against him that he was for all intents and purposes an accused. He was in the view of the Committee a candidate of criminal investigation and or even prosecution. The Committee had all but concluded that the Applicant was guilty of grave transgressions and worthy of possible prosecution,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "In the finally analysis, it is my conclusion, for the reasons advanced above that that Section 3 of the National Assembly ) powers and Privilege) Act does not oust the jurisdiction of this court that this court's scrutiny of the Report by Parliament was lawful or does not impugn upon the ability of Parliament to conduct its core business,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "For instance, it protects members of the National Assembly from defamation actions in relation to statements made during the course of parliamentary debate,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "Where a defence of parliamentary privilege is raised as is in this case, the court would only uphold it if the language that is claimed excluded judicial review in unequivocal and firm, and such exclusion is truly necessary for the proper functioning of Parliament-bearing in mind that the courts are traditionally the guarding of individuals' fundamental rights/ No such langue is used in Section 3 of the National Assembly Powers Privilege Act,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "Judicial examination must be limited to ensuring that Parliament does not seek to exercise its powers in an unlawful way. It is not for the courts to sit in judgment on individual actions taken within parliamentary process. The Courts have a role in assisting the articulation of the extent of parliamentary privilege, but is for the Parliament itself to determine how it exercise that privilege it being mindful at all times of the constitutional limits of its powers and the rule of law imperatives,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake contends : “This does not mean they are not rights. It only means that in the context of Botswana they may not be justiciable (capable of enforcement) because they are not constitutionally entrenched,”

sundaystandard Monday, June 1, 2020 3:56:00 PM EAT

Key Dingake said : “It (law) can be a force for good and it can also be a force for bad. For as long as we know that, then we know what kind of law to enact,” “This is because not all transmissions can be criminally culpable. For example, due to specific characteristics of HIV and Aids, such as the long period of incubation, it is not easy to prove causation and fault of HIV transmission”

newsday Sunday, February 23, 2020 6:44:00 AM EAT

Key Dingake said : “I am obviously elated by the increased recognition, on a global stage, of my scholarship and jurisprudential output as a judge nationally and internationally,”

botswanaguardian Tuesday, February 5, 2019 7:53:00 PM EAT

Key Dingake noted : “the Attorney General does not want to listen to what the courts are saying”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake added : “this court notes in passing that the attitude or standpoint of the Attorney General towards section 15(4) has not changed since the case of Unity Dow and even the recent decision of the Court of Appeal in Ramantele’s case (the courts upheld the right of sisters to inherit their family homestead, rejecting the argument that under Ngwaketse customary law only sons were allowed to inherit it” “Their defense (Attorney General) of section 15(4) appears not to be informed by the development in the case law,”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake said : “The advantage with the open list system is that it allows the court to add on the grounds in accordance with the evolving norms of society and the values of International Human Rights Regime,”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake said : “The same position applies to legislation. Any legislation that is inconsistent with the constitution is invalid to the extent of its inconsistency,”

sundaystandard Thursday, February 5, 2015 1:39:00 PM EAT

Key Dingake said ( about Parliamentary Select Committee ) : "I must state that although the Applicant was witness, it is plain to me having regard to the damaging nature of the accusations against him that he was for all intents and purposes an accused. He was in the view of the Committee a candidate of criminal investigation and or even prosecution. The Committee had all but concluded that the Applicant was guilty of grave transgressions and worthy of possible prosecution,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "In the finally analysis, it is my conclusion, for the reasons advanced above that that Section 3 of the National Assembly ) powers and Privilege) Act does not oust the jurisdiction of this court that this court's scrutiny of the Report by Parliament was lawful or does not impugn upon the ability of Parliament to conduct its core business,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "For instance, it protects members of the National Assembly from defamation actions in relation to statements made during the course of parliamentary debate,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "Where a defence of parliamentary privilege is raised as is in this case, the court would only uphold it if the language that is claimed excluded judicial review in unequivocal and firm, and such exclusion is truly necessary for the proper functioning of Parliament-bearing in mind that the courts are traditionally the guarding of individuals' fundamental rights/ No such langue is used in Section 3 of the National Assembly Powers Privilege Act,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT

Key Dingake said : "Judicial examination must be limited to ensuring that Parliament does not seek to exercise its powers in an unlawful way. It is not for the courts to sit in judgment on individual actions taken within parliamentary process. The Courts have a role in assisting the articulation of the extent of parliamentary privilege, but is for the Parliament itself to determine how it exercise that privilege it being mindful at all times of the constitutional limits of its powers and the rule of law imperatives,"

sundaystandard Monday, February 2, 2015 11:37:00 AM EAT