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Basarwa case hangs on a thread
LETSHWITI TUTWANE Staff Writer
11/4/2004 3:34:09 PM (GMT +2)
“The law on the subject is clear. Order 4 of the Rules of Court peremptorily requires that an attorney’s authority to act is evidenced only by the lodgement of a power of attorney signed by his client, and Rule 7 prescribes the form of such a power,” said Pilane.
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He told the court that the objection was a serious one and was made in good faith because Basarwa have rights, which must not be violated. He said the state would demand costs in the event that it ultimately wins the relocation case and they do not want to hazard a scenario where the litigants eventually claim that they never nominated Boko, Motlhala and Company to represent them. Boko came in to replace Chris Du Plessis. Other lawyers who have been dropped by Basarwa are Cape Town-based John Whitehead and Glynn Williams. Pilane told the court that he had picked information that there was division among the Basarwa lawyers and the team that negotiated with government on the tribe’s behalf. The team includes Ditshwanelo and Botswana Council of Churches.
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