Govt says providing ARVs to foreign inmates costly
Mpho Mokwape | Thursday April 9, 2015 16:02
In a case in which the government want Justice Terrence Rannowane to stay the execution of provision of ARVs to foreign inmates, Attorney General lawyer, Neo Sharp, appearing with Yarona Sharp, told the Gaborone High Court the undertaking is not sustainable.
On August 22, 2014 Justice Bengbame Sechele ordered that government should provide two former Zimbabwean prisoners with free ARVs. Neo Sharp said the conduct of the respondent, Botswana Network on Ethics, Law and HIV/AIDS (BONELA) was to let the matter be finalised during the July 2015 Court of Appeal session.
“Between now and July is three months. The Court of Appeal is the one to determine this matter. On the prospects of success, we have listed grounds of appeal that have been left for determination at the Court of Appeal. We have prospects of success,” she said. She buttressed that the stay of execution application remained unopposed as they received an unfilled documents.
Sharp said the conduct of the respondent was the one that said they did not have a problem with a stay of execution. She pleaded with the court to reduce the immense prejudice on the part of the applicant. She said the state would not have redress in future if the application was not stayed.
BONELA’s lawyers Tshiamo Rantao and Tefo Gaongalelwe opposed the AG’s urgent application. Rantao said they have affidavits of service in proof thereof. “They were served on the 7th April, 2015. We served the answering affidavit and had not been replied. It is not correct for them to tell the court that they were not served,” said Rantao.
Rantao implored Rannowane to treat the application as a constitutional matter of national importance. He also argued that the matter was not urgent adding that the AG should have come to court earlier. “You cannot create your own urgency, the urgency in this case is self created. There is no suggestion at all that the applicants were not aware of the order of 22nd August, 2014.”
He cited a contempt of court application before Justice Key Dingake involving a non-citizen who wanted the government to provide him with free ARVs. This particular case before Dingake would be held tomorrow. Rantao said the AG came to court on the present matter because of the application before Dingake, seven months down the line. “For the last seven months they were under the obligation to implement Judge Sechele’s order.” He submitted that the case should be treated like any normal case before the court. Rantao said the mere fact that the appeal has been noted and might be heard in July was not good enough. He added that the applicants have failed to demonstrate that the balance of probability lied on their favour.
Rantao dismissed the arguments about the financial implication of supplying ARVs to foreign inmates. He said there was no single figure referred to in Pula terms in the AG’s papers. He said the court has not been shown that there would be economic hardship if ARVs were provided to foreign prisoners.
He pleaded with Rannowane to dismiss the application for stay of execution with costs.