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Election petitions go for trials

A panel of three judges at the Gaborone High Court consisting of Gaopalelwe Ketlogetswe, Itumeleng Segopolo and Omphemetse Motumise have on Friday established that seven election result petitions are to go for trials. 

In reference of the development, Justice Ketlogetswe said the petitions would be called for a final case management conference on Wednesday. 

Two petitions by Entebetse Boitshwarelo and Maneke Segootsane, who were the Umbrella for Democratic Change council candidates at Mmashoro (Serowe West Constituency) and Kaudwane (Letlhakeng/Lephepe constituency) wards respectively were the first to go for trials after the second respondent (being BDP candidates who won the wards in question) attorneys led by Mr Basimane Bogopa told the court during the case management conference that they had no preliminary points to argue relating to the two petitions and therefore not in contention of them going for trial.

The other five petitions, being the ones for Noah Salakae, who was the UDC parliamentary candidate in the Ghanzi North constituency, the trio of UDC council candidates in the Gaborone South being James Matlhogojane (Selemela ward), Olefile Motswasele (Naledi Central), Olebogeng Kemelo (Bontleng ward) and that of Mogalakwe Mogalakwe who was the Alliance for Progressives council candidate at Mosolotshane/Moralane ward (Shoshong constituency) were scheduled to go for scrutiny after the second respondents attorney led by Mr Bogopa indicated that they were in contention and therefore citing some points in Limine (preliminary points) for discussion. 

However, on Friday, when the court was in session to deliberate on those preliminary points, Mr Bogopa and his team told the court that they had since retreated on their intention to scrutinise the petitions and therefore allowing them to go for trials.

Mr Bogopa said they had taken a view not to persist with the points in Limine that they had raised, but rather to allow the election result petitions to go for trials. 

He further stated that the respondents’ petitioners attorneys had agreed that in relation to all the petitions that all content in the petitions relating to affidavits made by one Emmanuel Seretse Mohaladi be struck out. 

“We have also agreed that petitioners must remove all the material in the petitions making references of His Excellency, President Dr Mokgweetsi Masisi,” said Mr Bogopa.   

Attorney Faustino Ngandu, who was representing Mr Mogalakwe and Advocate Duma Boko, who was leading the charges for the team of attorneys representing the UDC petitioners also confirmed the development. 

Advocate Boko said his team had prepared to argue preliminary points that were raised by the second respondents attorneys but as they were about to complete them, the development changed their case. 

He said the petitioners were happy to receive an offer by the second respondents to abandon their points in Limine. 

“The points will stand abandoned and that means the matters will be scheduled for trials. 

We are grateful to them for allowing the matters to go for trials. 

Justice will be finally served,” he said. Ends

Source : BOPA

Author : Oarabile Molosi

Location : Gaborone

Event : Court case

Date : Jan 12 Sun,2020

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