Court allows Mooketsi to withdraw from Boko case
Isaiah Morewagae | Wednesday April 30, 2014 11:37
Mooketsi, Meshack Mthimkhulu and other disgruntled BNF members had questioned Boko’s membership of the party and alleged that he got it fraudulently. But yesterday, Rannowane dismissed the objection raised by Mthimkhulu and others who wanted the court to prevent Mooketsi from withdrawing from the case. Mooketsi has reached an agreement with Boko and the BNF that they reconcile and he withdraws from the proceedings.
The judge said there is no law in the country, which gives a court powers to stop a litigant from withdrawing from a case. “This withdrawal is accompanied by a settlement agreement. The agreement was thrashed between Mooketsi and the respondents.
This signifies that the litigation between Mooketsi and respondents has come to an end. They have resolved their dispute and reached a consensus on what should happen to give effect to their agreement,” Rannowane said.
He added that Mooketsi is not only distancing himself from his founding affidavit but is impeaching its veracity. The judge therefore said it is difficult, if not impossible to appreciate what value the other applicants would derive from such discredited evidence.
He stressed that it would be an exercise in futility for the applicants to seek to rely on documentary evidence in the form of an affidavit, which has been discredited and impugned by the owner. “It would not only be unusual procedure in terms of rules of this court but it would also be inconsistent with logic,” Rannowane said.
Other applicants in the case are 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.
They are represented by Gabriel Kanjabanga and Mthimkulu while Dick Bayford and Boingotlo Toteng appear for Boko and the BNF central committee.