Suspended judges demand accurate transcripts
Mpho Mokwape | Wednesday December 7, 2016 15:19
In an application to be heard tomorrow before court, the applicants Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang have accused the Registrar and Master of the High Court, together with the court reporter, of availing inaccurate transcripts that have clear omissions of court proceedings. The quartet wants the panel of judges to provide directions after the Registrar failed to comply with provisions of the Rules of the High Court.
They have launched the application seeking leave to amend the transcripts, which they say were certified by the court reporter as accurate and complete despite the opposite being the truth. The application follows an order that was issued by the panelled judges on October 13, compelling the Registrar to provide a complete and accurate record of proceedings held on February 4, March 31, April 28, and May 19, 2016 respectively.
The quartet had launched proceedings to compel the Registrar to provide those records.
In the current application, the judges are seeking an order declaring that the first and second transcripts are not correct to allow for leave to amend for a correct record.
According to Letsididi’s founding affidavit, which relates that in light of the inaccuracy of the transcribed proceedings, it appeared that the recording of the proceedings failed.
He explained that neither the first nor the second transcripts could be relied upon, as a correct record of the relevant proceedings and that to do so would be undermining the court process.
“There are glaring omissions from both transcripts. The transcription by the court and the Registrar’s office has failed and no option is available to the applicants save the reconstruction in the manner proposed,” he said.
He said in such circumstances, in order to obtain as accurate a record of the proceedings as possible, it was appropriate that the transcripts be supplemented through shorthand notes taken by the parties and/or the parties’ recollection of the proceedings.
Letsididi noted that despite the obvious problems with both transcripts, which have inaccurate information, and a large section of proceedings missing both have been certified and deemed to be correct by the Registrar and the court reporter.
He noted that it was even surprising that in one of the transcripts, the person who certified it was not even part of the proceedings that time and was not present.
“It is therefore impossible for Ms Mbuya to purport to certify as correct the proceedings of February 4 when she was not present in the court that day. The applicants accordingly seek an order confirming that the first transcript is not a correct record of the proceedings of the hearing held on February 4 and March 31, 2016 respectively,” he said.
Now the applicants’ main contention in having correct record of proceedings is that it is essential for the purpose of enabling them to prosecute their application for recusal.
“The court has already recognised the imperativeness of having a correct record of proceedings for the recusal application.”
Meanwhile, it’s been a year and half since the judges got suspended for allegedly benefiting from the housing allowance while occupying government houses. The application is before Justices Singh Walia, Zibani Makhwade and Leatile Dambe.