Gov�t apply for stay in BDF lovers case
Mpho Mokwape | Friday December 16, 2016 16:19
This week the state filed a notice of motion seeking a stay of Justice Zein Kebonang’s judgement issued on November 18 that ruled in favour of the lovers.
Kebonang had ordered the immediate reinstatement of Thabang Tlhapisang and her lover Kozondu Uariua who were dismissed for allegedly contravening the military’s Policy on Fraternisation and Sexual Harassment two years ago.
Now the BDF, through the Attorney Genera,l are seeking an order staying Kebonang’s decision pending the determination of an appeal to be lodged at the highest court as they cite broken-down relations.
According to a supporting affidavit from the Director of Human Resource Management at the BDF, Brigadier Kagiso Kgaswanyane, the matter was warranting a stay of execution as they intend to lodge an appeal.
He explained that reinstating the pair was out of the question, as it would mean automatically disbursing the duo their salaries and reinstating them with all the benefits spanning for over two years.
“The applicant’s view is that the relationship between the parties has broken down irretrievably, yet the court order reinstates the respondents back at work,” he said.
Kgaswanyane argued that failure to comply with a court order was going to render them in contempt of court while carrying out the orders contained in the judgement is likely to affect the conduct of the appeal and its outcome, which may be impossible to reverse its effects and consequences.
He maintained that the lovers will not suffer any prejudice if the judgement was stayed pending the finalisation of the appeal and that it will be in their favour if they lose at the appeal’s court, as there will be no need to reimburse the government.
“On the other hand, the applicants will suffer enormous prejudice if stay of execution is not granted, whereas staying the decision will result in relatively little prejudice to the lovers,” he said.
Kgaswanyane maintained that their main contention was that the matter was about the good order and military discipline in the force, and that reinstatement pending the appeal will extinguish the very interest they seek to protect.
He noted that a stay will ensure that they have an alternative remedy and avoid costly and time-consuming processes that may be applied once they are successful in the appeal, like recovering money from the lovers.
“The stay will also assist in the continuation of the lovers’ lifestyle should they go back, and if we are successful in our appeal, their lifestyle will drastically change all over again. A stay will ensure that their current lifestyle is maintained and should we not be successful, they can now go back to work without a cloud hanging over their heads” he said.
Moreover, Kgaswanyane argued that they will be prejudiced, as the lovers will not be deployed in a manner they want, and that some restrictions will be applied due to the fact that they are not sure of the pair’s continued stay in the force.
The lovers’ attorney is yet to file their replying papers.