This week Botswana bids farewell to one of its stalwarts, the late Justice Elijah William Modale John Legwaila who helped shape Botswana in many respects. Writing about EWMJ as he was affectionately called in legal circles or Mokgalajwe as I called him ever since I got used to him, is not easy. The 1.8metre tall moustached Mathathane born rose from being a herd-boy in the dusty Bobirwa district to become one of the country’s greatest legal minds and civil servant of all times.
He simply rejoiced in serving others and ensuring improvement of their lives. He was a team player who gave credit to others other than to himself. He was punctual in whatever he engaged in and expected nothing less from others. In 1978 Malcolm S. Forbes published a collection of his own quotations called “The Sayings of Chairman Malcolm” one of which counsels; “You can easily judge the character of a man by how he treats those who can do nothing for him.” It appeared he had Legwaila in mind because clearly that described him throughout his life.
Although Humphrey’s statement was not directed to Legwaila, without doubt, Legwaila has demonstrated that through his illustrious civil service career of this country from being a teacher, state counsel, deputy attorney general, PSP, judge president of the court of the industrial court and justice of court of appeal, he would have passed the litmus test set by former American politician, Hubert H. Humphrey who served as the 38th Vice President of the United States. In his last speech Humphrey said “the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life; the sick, the needy and the handicapped. “
That exactly suits Legwaila’s character. He was always ready to commend officers whom he felt deserved such complements. I have followed Legwaila’s career for many years, and what I learnt as described by civil servants and politicians alike, is that he was a modest person and believed in team work. When Legwaila retired as PSP, the then Vice President and Minister of Presidential Affairs, Lieutenant General Ian Khama was extensively quoted saying although Legwaila would never accept credit for his achievements and improvements made during his time as PSP - mainly because he was a modest person and believed in team work - he would be remembered for his fairness, patience and readiness to listen.
As secretary to the cabinet, Khama said Legwaila had also tendered advice and opinions that influenced the deliberations that took place in that forum. He said as PSP, Legwaila was never hesitant to admonish any supervisor, especially when he realised that the rights of other officers were being trampled upon. He was a humble person and treated all alike. It was not surprising that when he made his last speech as a civil servant, he said he was leaving a happy man because he was successful in his assignment. He attributed his success to the support from both his former principals - President Sir Ketumile Masire, Festus Mogae and VP Khama Ian Khama as well as the civil service at large. He left a word of advice for the civil servants which if the present cadres were to emulate, then Botswana would be a great place to live in. His advice 17 years ago was that, “Civil servants should not get promoted and localise posts and sit down without striving to improve the workforce further”.
He will be remembered amongst many things for introducing a performance based appraisal system for officers, which mproved service delivery in the public sector. So popular was the process that it got to be known as removal of “Dead wood” from the public service and earned him the nick name Raselepe. I knew and had interacted with Legwaila and his wife Marty for ages. I came closer to him in year the 2000. They were amongst the invited guests and parents who attended my wedding to Mmapula nee Mazebedi in October as they are related. Four months later, Marty Legwaila invited us to their residence together with two other newly married couples, their nephew GM Legwaila and Justice Oagile Key Dingake for a Valentine feast.
The speech was the shortest ever. “My children we have called you to congratulate you for the decision you made. We knew today you were going to take your wives for a Valentine outing. So we decided to save your money. Let’s enjoy the meals”. Interestingly they had cooked for us a five course meal which was a mixture of traditional and modern dishes.The Valentine dinner invitation opened many doors for me. In attendance to our treat was Legwaila’s younger brother, Ambassador Joseph Legwaila then based in USA, but was on official visit. Being a journo, I seized the moment and ensured that I secure an interview with the man I have known since my childhood days through the school’s current affairs programme, when we would be asked questions like, ‘who is Botswana’s ambassador to the UN?
Since that day Legwaila called me “Mokhwenyana’’ which in Marty’s language it means son in law. Legwaila played a great role in grooming, advancement and to some extent shaping me to become an award winning journalist as he never failed to either assist or constructively critique my work. As I got closer to him I realised that he had moments for everything, even to share his toughest moments as a young boy in Bobirwa and light moments abroad. One thing that he was crystal clear about is that you can take him out of his village as it happened during his studies that started at age 14 years, but no one could take Mathathane out of him.
He was a staunch member of the United Congregational Church of Southern Africa (UCCSA), Trinity branch in Gaborone where he rose to the level of a Deacon. His contribution to UCCSA is immeasurable as he used to not only give legal advice, but contributed his resources even to the Men’s fellowship of the church.
Elijah was born on 8 August, 1939. He attended primary school in Molaladau and Bobonong and South Africa. He later went to Moeng College and subsequently studied law at Roma in Lesotho and Edinburgh in Scotland. He was joined in holy matrimony to Marty Isabel (nee Makhubu). He is survived by his wife Marty, son Karabo, daughter Morongwa, daughter in law Cindy and two grand children, Elijah and Khaya. He will be laid to rest tomorrow (Saturday) in his home village, Mathathane. May his soul rest in peace