KBL's 'urgent' case looks set for August
Mbongeni Mguni | Monday July 12, 2021 22:07
The country's largest brewer raised both technical and constitutional arguments in its pleadings filed last week. The Attorney General is cited as the first respondent, President Masisi as the second and Health Services director, Malebogo Kebabonye cited as the third.
The pleadings were laid before Justice Tshepo Motswagole.
However, a consent order seen by Mmegi says that the parties agreed that the Chief Justice, Terrence Rannowane, be requested to consider appointing a panel of judges to hear the matter.
Legal experts told Mmegi this was required in any case where constitutional challenges were being raised.
'The Chief Justice be requested to consider appointing a panel of judges to hear the matter,' reads the order issued by Motswagole.
The order also says the state should submit its answering affidavit or other process on or before July 15,2021 while KBL is to file replying affidavit or other process on or before July 22 if they desire to do so.
The parties are also ordered to file heads of arguments on or before July 27 and KBL to prepare an indexed and paginated bundle of documents on or before July 29.
The case will likely go for arguments in August.
KBL has dragged govt to court arguing that the latest ban is not only arbitrary but threatens the livelihoods of many people.
KBL's contention is that the President flouted technical requirements on the State of Emergency regulations when instituting the June 28 ban and also violated sections of the constitution regarding the effect of the ban.
Moreover KBL argues that the ban infringes upon constitutional rights of consumers while also affecting the livelihoods of workers at the brewer and within its extensive value chain.
Meanwhile KBL's case is being closely followed by other sectors of the economy, as it represents the first test of Masisi's State of Emergency powers. The country has been in underbSOE for 16 months and analysts believe Masisi will seek another extension when the current one elapses in Sept.
Masisi has said the SOE is essential for quick decision making in the executive and for the authority needed to combat COVID-19.