Legal technicalities at play in EVM case

Justice Moroka
Justice Moroka

FRANCISTOWN: Legal technicalities were at play at the High Court in the high stakes case to determine whether or not the Electronic Voting Machines (EVMs) should be used in the 2019 general elections.

The Attorney General (AG) made an application before Justice Lot Moroka whether or not the Botswana Congress Party (BCP), which is cited as the first respondent in the application, erred in not having filed an accompanying affidavit as per the rules of the High Court. The AG also wants the court to determine whether the applicant has made out a case for the dismissal of the action, or setting aside the amended declaration, and or striking out of the offending paragraphs of the amended declaration on the basis that it is not supported by a relevant affidavit or affidavits.

The AG attorney, Mathogonolo Phuthego said that with regard to Order 24 sub rule 2 (b) (i) of the High Court rules, which states that every declaration should be accompanied by an affidavit or affidavits, this means that the BCP erred in failing to provide an accompanying affidavit to the amended declaration as required by the rules.

Editor's Comment
Congratulations Anicia Gaothuse!

The contest had 10 beautiful young girls as finalists and unfortunately only one could wear the crown.The judges picked Anicia Gaothuse. To all those who feel their contestant should have won ahead of Anicia for whatever reason, hardly; the judges found Anicia to be the best among the best, so desist from disrespecting our newly crowned queen on social media or anywhere else, for that matter! Each of the 10 beautiful young women had supporters...

Have a Story? Send Us a tip
arrow up