Stage set for decision in �cat-and-mouse� duel
Tsaone Basimanebotlhe | Thursday August 28, 2014 06:00
Justice Terrence Rannowane set the date yesterday after hearing arguments in an application where the ruling party is seeking the dismissal of Katse’s case on the grounds that it was filed unprocedurally.
Katse and three BDP Tlokweng council candidates moved to court after the BDP recalled them from contesting the general elections saying that they violated the rules and regulations of the party.
But the BDP wants the case dismissed because Katse’s attorney, Kabelo Nkwe amended court papers to include President Ian Khama and the suspension of applicants.
BDP advocate, Frans Barrie, senior counsel argued in court yesterday that Katse has failed to follow proper court procedures. “To start with Khama has been cited in the case but the Appeals Court has made it clear that the president is immune to prosecution.
The issue of suspension was even addressed on the late Gomolemo Motswaledi’s case vs BDP,” Barrie said.
He called for the setting aside “as an irregular step the application” by Katse and the council candidates.
Nkwe countered that the BDP has also failed to follow court procedures since it served his clients with a notice of motion for application to set aside the case on Tuesday afternoon.
He said the normal procedure is that they should be given 10 days to reply but the BDP expected them to argue the matter yesterday.
“In our court papers, it is clear what we want. We do not want any order to be issued against the BDP president but we want a record that led to the decision to suspend my clients.
It is not there because we have long requested to be given it. Again it should be clear that certain things can be omitted or overlooked because the matter is urgent,” Nkwe explained.
He maintained that the amendment of their application was part of a court order issued on August 4.
He said their application is not a completely different one as alleged by Barrie. “We had only added necessary information my Lord and gave reasons to that effect in our papers,” he said.
He said he wants the BDP’s urgent application to be dismissed with costs, especially that the party is employing delaying tactics in the matter.