Mooketsi�s withdrawal complicates Boko�s BNF membership case
Isaiah Morewagae | Monday April 28, 2014 11:12
On Friday, Gabriel Kanjabanga and Meshack Mthimkhulu, the attorneys representing the other 12 applicants had an uphill task in trying to convince Justice Terrence Rannowane to prevent Mooketsi from pulling out of the case.
At one point, Rannowane asked the attorneys to state which law allows a court to force an individual to continue with a case when he no longer wants to proceed with litigation.
Kanjabanga, who is the lead counsel for the applicants’, replied that the law allows the judge to make a determination on whether the withdrawal of such an applicant would not prejudice the others. Kanjabanga said that in the current case, the withdrawal of Mooketsi is calculated to make the case collapse. He claimed that Mooketsi’s withdrawal from the case is influenced by his interaction with Boko. “It is quite clear that the settlement entered into by Mooketsi and respondents was done in bad faith. This is so as to deny the other respondents a chance to fully ventilate issues raised in his papers,” Kanjabanga submitted.
On the other hand, Boko’s attorney, Dick Bayford found nothing untoward in Mooketsi withdrawing from the case. He said it was Mooketsi’s personal decision to institute legal proceedings against the respondents.
“The applicants made individual decisions to institute legal proceedings against the respondents. As such, if one decides not to continue with litigation, such an individual is entitled to withdraw from the case,” Bayford said.
He added that Mooketsi enjoys unfettered discretion over the case, as he is the one who instituted the matter.
Bayford dismissed Kanjabanga’s assertions that should the court allow Mooketsi’s withdrawal, the other applicants should be allowed to rely on his affidavits. Mooketsi pulled out of the case after a settlement agreement with Boko and his legal team. In the settlement, he undertakes to issue a written apology to Boko.
In return, Boko waives any right, which he may have had to claim damages against Mooketsi for defamation of character.
“On condition that Mooketsi agrees to write an apology, Boko undertakes not to take any further action against Mooketsi in respect of his ill-advised decision to institute the current proceedings and to uplift Mooketsi’s suspension,” the settlement agreement says.
At the end of the court session last Friday, Boko presented Mooketsi to BNF members and asked them to accept him back.
Other applicants in the case are Mthimkhulu; former District Commissioner, Geoffrey Serebolo; Lewatle Kgosiyareng; Jacob Dikuelo; former legislator, Mokgweetsi Kgosipula; Gaopalelwe Mooki; Rakhinyisa Motswasele; David Motlhatlhedi; Pule Letebele; Kitso Toister and Moses Kajane.
The case was postponed to tomorrow.
Attorney Mboki Chilisa represented Mooketsi while Bayford appeared with Boingotlo Toteng for Boko, BNF central committee and the party.