Bosilong appeals against Moshapa award

Gothataone Moeng | Friday January 10, 2014 15:48

Bosilong’s appeal against businessman and Botswana National Front (BNF) council candidate for Gakgatla, Thuso Moshapa, who sued him for defamation, is scheduled to be heard in the coming session of the Court of Appeal.  The appeals session is expected to start tomorrow.

Bosilong will represent himself, while Duma Boko and Company will represent Moshapa.

The case was previously heard before Lobatse High Court Judge Michael Leburu, who awarded Moshapa P10,000 as compensation for a defamatory utterance made by Bosilong some time in 2009. Moshapa was also awarded the cost of the suit with 10 percent interest per annum.

In his initial application, Moshapa wanted compensation of P1 million for the defamatory statement; “You Moshapa, I have seen a vehicle offloading stolen meat at your premises around 4 am,” thought to be said by Bosilong.

Leburu did not buy Bosilong’s claim that he never uttered the injurious words in question.

“In my view, I am inclined to believe the testimony of the plaintiff (Moshapa) than of the defendant (Bosilong). Why would Moshapa lodge a complaint of such utterances to Bosilong’s senior if indeed such words were not uttered? Again, why would Moshapa repeat the same at a Kgotla meeting held after the police meeting? In my view this shows Moshapa’s consistency and credibility,” Leburu said.Leburu said Bosilong’s witnesses offered suspect evidence as some of them were the very same people that Moshapa was complaining about.

He argued that they had every reason to be biased against the complainant. He added that another factor that betrayed Bosilong’s lack of honesty and truthfulness can be gleaned from his oral denial that he said Moshapa was a “well known cattle thief” during cross examination and yet in his documented evidence described him as such.

The Appeals session will be heard by Justices Ian Kirby, Dr. Seth Twum, John Foxcroft, Elijah Legwaila, Isaac Lesetedi, Steve Gaongalelwe , Lord Alistair Abernethy and Lord Arthur Hamilton.