Justice Chatikobo dies in Botswana

Justice Chatikobo dies in Botswana

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By Staff Reporter

A TOP Zimbabwean judge who quit the bench in July 2001 to join the Botswana High Court died of heart failure on Tuesday.

Justice Esmael Chatikobo who was working at the Lobatse High Court died at Gaborone Private Hospital in Botswana. He was 50.

Chatikobo is survived by his wife, Stella and four children. His body arrived in Zimbabwe on Thursday for burial on Saturday.

According to a friend and fellow Zimbabwean judge at the Francistown High Court, Justice Moses Chinhengo, Chatikobo lapsed into a coma from Monday morning to evening. He said a kidney problem affected other body organs and resulted in Chatikobo’s sudden demise. He said the judge died in the presence of his son who had travelled with him from Zimbabwe last week. Perhaps as a premonition, while visiting his country, the judge asked the school to release his teenage son to travel with him to Botswana, Chinhengo disclosed.

Announcing his death, Registrar and Master of the Botswana High Court Godfrey Nthomiwa said Justice Chatikobo's death came as total shock and loss to both Botswana and Zimbabwe legal systems.

He said due to Justice Chatikobo's commitment to his job, his contract was recently renewed. He said he was a good and hard working judge. He joined the Botswana High Court in July 2001 from Zimbabwe.

The late Justice Chatikobo completed Bachelor of Law at University of Zimbabwe in 1978. From 1979 to 1981 he served articles of clerkship with the law firm of Winterton, Holmes and Hill in Harare, Zimbabwe and was called to the bar in September in 1981.

In June 1981 to 1982 he worked as senior information officer in the ministry of Information responsible for public relations.

He also served as senior public prosecutor responsible for public prosecutions in the Magistrate's courts.

He worked as chief law officer in the Attorney General's office.

He was involved in prosecuting cases in the high court and arguing appeals in the supreme Court as well as preparing review opinions for judges in matters referred to the High Court from the magistrate courts for reviews.

In June 1986 to August 1994 he practised law at the bar as an advocate. He handled cases in the magistrate's courts and in the high court and argued appeals in the Supreme Court.

He also appeared before special tribunals such as the administrative Court which deals with town planning cases and acts in the country's labour tribunals.

In 1997 to 1990 he served as councillors for the Law Society of Zimbabwe, a statutory body which is tasked oberseeing the legal profession in terms of discipline and the protection of the legal profession in general.

From 1989 to 19991 he was a member of the Law Development Commission another statutory body whose function was to initiate law development and legal change in the country.

In 1988 to 1994 he was sat on the board of Š the regional Water Authority (now the National Water Authority) whose functions was to manage the existing water systems in the country and to provide water for both the agro industry and for primary consumption by building dams, taping underground water and managing the river systems.

In September 1994, Chatikobo was appointed a High Court Judge. His duties involve hearing both criminal and civil cases which come to the High Court.

He also presided over appeals from magistrate courts in addition to reviewing cases presided over by magistrate courts.

Probably Chatikobo's most important judgement was to convict the late Zimbabwean opposition leader the Reverend Ndabaningi Sithole of plotting to assassinate President Robert Mugabe in December 1997.

Members of the bar had a high regard for the late judge. He was a man who would not speak much in court, but would rather communicate loudly in his pithy judgements, they say.

A heart broken attorney Dick Bayford described Chatikobo as a brilliant jurist. At the time of his death, he had invited Bayford, as a friend of court (amicus curiae) to appear before him to argue a point of law. This is in relation to Sections 302 and 271 of the Penal Code. Section 302 prescribes up to seven years in jail for a person who breaks and enters into premises and commits an offence punishable with death or imprisonment “for a term of three years or more.” Section 271, on the other hand prescribes “a term not exceeding three years” in jail.

“The issue is whether the phrase ‘to imprisonment for a term not exceeding three years’ in Section 271 is included in the phrase ‘to imprisonment for a term of three years or more’ used in Section 302?” Chatikobo posed this question before he died. “This issue has not been pursued by any judge before. When the judge died, he had received my heads of argument and we were about to proceed with this case. In his memory, I will pursue this matter before a different judge,” lamented Bayford.
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