The Botswana Defence Force (BDF) will return to court to attempt overturning the 2016 judgement that forced the army to reinstate their very own star-crossed lovers.
The Commander of BDF through the Attorney General will be back in court on April 18, 2018 at the Court of Appeal (CoA) to try their luck in reversing Justice Zein Kebonang’s judgement issued on November 18, 2016 that ruled in favour of the lovers.
Kebonang had ordered the immediate reinstatement of Thabang Tlhapisang and her lover, Kozondu Cisquo Uariua, who were dismissed for allegedly contravening the military’s Policy on Fraternisation and Sexual Harassment, two years ago.
The CoA case comes after there was drama in 2016 as the Commander, Placid Segokgo, almost got imprisoned for failing to reinstate the couple following the ruling.
His contention was that he wanted the judgement stayed as he was still going to lodge an appeal with the courts.
Now in his grounds of appeal, Segokgo said that the judge failed to give him a hearing without any justifiable cause after the lovers’ lawyers launched an application to hold him in contempt of court for failing to immediately reinstate the couple.
He explained that the application for contempt was served on him on the same day he was threatened
The Commander also said the court a quo judge erred in convicting and sentencing him in absence and that the judge failed to take into account that he had the right to make representation why he should not be held in contempt of court
“He also failed to take into account that on December 2016 I had filed for stay of execution, which was yet to be heard,” he said.
The Commander further argued that the judge failed to consider whether he was the one who gave the order willfully responsible for the alleged non-compliance of the original order.
On the relief sought, the Commander sought for his contempt of court verdict set aside and entered in his favour while the judgement of November 18, 2016 that called for the couple’s reinstatement stayed pending the outcome of the appeal.
Further he wanted relief of the cost of the suit and other alternative relief.
The lovers’ attorney, Othusitse Mbeha is yet to file their replying papers.