Judges Recuse Themselves From UDC Petitions
Tsaone Basimanebotlhe | Monday December 9, 2019 12:46
The cases are for Haskins Nkaigwa who lost to Mpho Balopi in Gaborone North constituency and Micus Chimbombi who lost to Sam Brooks in Kgalagadi South constituency.
Chimbombi’s case was taken to a third panel of Judges after the second panel told the court that Judge Itumeleng Segopolo had recused himself on two matters because he has a long-standing relationship with President Mokgweetsi Masisi.
Segopolo’s argument was that there are two cases that implicate the President and therefore it will not be fair for him to preside over them and make a ruling.
The third panel comprises Justices Barnabas Nyamadzabo, Godfrey Nthomiwa and Ookeditse Maphakwane.
However on Friday, Nyamadzabo told the court that they would not hear the two matters after Judge Maphakwane recused himself and told the attorneys in Chamber his reasons for doing so.
The Monitor has learnt that Judge Maphakwane told the attorneys that he is in Gaborone North constituency association with both Nkaigwa and Balopi while for Kgalagadi South, he knows both Chimbombi and Brooks families as he did National Service known as Tirelo Sechaba there. “The cases that are before us include the one for Mohammed Khan, Dr Patrick Molutsi, Ontathile Selatlho and Orapeleng Kakoma. As for other cases we will talk with the Registrar. Again we will talk to attorneys if other cases are added to the ones we have.
We will try to check the one for Olebogeng Kemelo to see if it falls under our panel,” Nyamadzabo said.
Attorneys for BDP, Basimane Bogopa told the court that they had identified certain preliminary points that they would raise. “We will be raising preliminary points if we become successful, then these cases would not continue.
If the court does not agree with us then the dates for trial should be set,” Bogopa said.
“We had agreed that the argument for preliminary points could be heard on December 18 because we will argue on other panels on December 17, 2019.”