Preliminary points could spell doom for UDC petitions
Tsaone Basimanebotlhe | Friday December 6, 2019 15:10
Though they did outrightly make their submissions, they told the court that they would file their papers on Tuesday next week.
As winners of the elections results being challenged by the Umbrella for Democratic Change (UDC), the BDP has been cited as second Respondents while the Independent Electoral Commission (IEC) is the first Respondent in the petition papers filed in court.
When a panel of three Justices namely Michael Leburu, Mercy Garekwe and Dr Godfrey Radijeng began the roll call for the petitions involving amongst others, the UDC leader Duma Boko, Masego Segokgo, Nelson Ramaotwana, Ketlhalefile Motshegwa and Dr Mpho Pheko, attorney Basimane Bogopa told the court that they wanted to raise preliminary points prior to the trial.
Bogopa said while they had no difficulties with the proposed scheduling order by the court for all petitions, they would want the court to hear the preliminary points.
As such, he suggested that first they be allowed to file the points in limine together with their heads of argument. “We thought we could do it sooner before filing of further papers together with the heads of argument. We are of the view that we could file by December 10, while the Petitioner and First Respondent could file responding papers by the 13th. The points in limine could be argued on Monday. We are cognisant that we have 90 days to have dealt with the petitions,” said Bogopa.
For their part, the petitioners’ and IEC lawyers did not have difficulties with the suggested approach. However, Dick Bayford representing the UDC suggested that the points in limine referred to be argued on December 17.
“We don’t have difficulty with proposal only to suggest that perhaps argument could be taken on Tuesday 17. In view that the 2nd Respondents will raise points in limine in relation to all the petitions, we suggest a consolidation of all cases so that they could be dealt with cumulatively,” said Bayford.
The Judges agreed with the lawyers’ suggestions and ordered that the UDC should ensure that it served all parties before the return date to avoid inconveniences. Justice Leburu explained that the cases were dealt with on expedited basis because the Electoral Act stipulates that petitions should be dealt with within 90 days.
In the matters presided over by the three Judges, the UDC is challenging the election results for Gaborone Bonnington North, Gaborone Bonnington South, Gaborone South, Gaborone Central, Mochudi East and Kanye South.
If the court agrees with points in limine raised by BDP attorneys then automatically the petition cases could fall off. Mmegi has learnt that the BDP attorneys strongly believe that UDC has failed to follow the procedure form petition as outlined in the IEC Act.