High Court judge denies bias, refuses recusal
Mpho Mokwape | Tuesday April 9, 2024 09:33
Last Thursday, the judge chucked out the company’s request for his recusal, stating it didn't hold water. Lamworld is battling it out with the Ministry of Local Government and Rural Development. The company claims it was roped in back in 2013 by the Ministry to construct a water treatment plant and evaporation ponds at New Xade and Radisele villages.
In the latest showdown, Lamworld accused Justice Phuthego of showing bias during a meeting in their chambers. The company also accused the judge of being forum-shopped to prejudice them. Dismissing the application, Justice Phuthego said the recusal applicants, Lamworld Technologies and Deputy Sheriff Kebonekgosi Ntebele, failed to make a compelling case.
"They haven't replied meaningfully to the recusal respondents' arguments in their answering affidavit that their conduct warrants punitive costs. I believe their conduct merits such an order. "As a result, I'm dismissing the recusal application with costs on attorney and own client scale.
The recusal applicants are jointly and severally responsible for the costs," the judge ruled. Justice Phuthego suggested that Lamworld and the deputy sheriff planned to delay the hearing of the AG's application for a stay of execution for as long as possible. He argued that the recusal plea lacked justification and accused the applicants of making baseless allegations.
"As I was the only vacation judge in Lobatse I had to handle the matter. Further, the recusal applicants just make wild and unsubstantiated attacks against the presiding judge and counsel for the recusal respondents about what allegedly occurred in the Judge's Chambers on March 30, 2024," said Phuthego.
"They have not brought an iota of evidence that should cause apprehension to a reasonably informed person that I will not be impartial in the hearing of the applications filed on March 29, 2024." Behind the application, Lamworld obtained a writ of execution to go after Ministry of Local Government property. However, the Ministry, through the AG, halted the order. Then, on the day of reckoning, Lamworld Technologies threw a curveball with a recusal bid against Justice Phuthego. According to court documents, the company complained that Justice Phuthego displayed oppressive, biased, and prejudgmental behaviour during proceedings held in chambers on March 30.
The company also mentioned that the case was registered in Gaborone, not Lobatse, and even the writ of execution was issued in Gaborone. However, the AG opposed the application, stating there had never been a complaint that the matter was argued and decided in Lobatse. Furthermore, the AG argued that the company did not hint at any problem with the filing of the court process in Lobatse when the matter was called before the judge on March 30. Regarding the alleged prevalence of forum shopping, the AG denied Lamworld's claim, stating they were not aware of such practices being rife in the jurisdiction.