LSB fights for a spot in suspended judges� case
Mpho Mokwape | Thursday January 26, 2017 15:32
The Society wants the CoA to incorporate it as amicus curiae (friend of the court).
The CoA appeal follows a failed bid by the LSB at the High Court late last year.
Before a three-men bench of the CoA, the LSB’s lawyer, Mboki Chilisa argued that it was highly speculative of the High Court to dismiss their application on the basis that they were not bringing anything new to the table.
Chilisa argued that, that element should not have been a decisive factor in dismissing the application, as the matter had still not reached the point of arguments about merits.
“The matter was not yet ripe for argument in respect of the merits, and therefore no legal arguments on the merits of the substantive matter had been filed by the parties from which it could be concluded that the LSB was not raising new legal arguments,” he said.
Chilisa explained that there was no need for the High Court to have engaged in the “speculative exercise” and instead it should have understood that the LSB in such cases is there to intervene.
He maintained that the LSB’s admission would have added respectability and public confidence to a judicial system marred by controversy around the judges’ case.
“There is no truth in that we want to advocate or align with the suspended judges. We are merely seeking to give light to substantive matters that may not be raised during arguments of the case,” Chilisa said.
Appearing for the state, Pulane Kgoadi accused the LSB of trying to join in order to advance the arguments of the suspended judges.
She argued that the very same judges that the LSB wants to join in their case have not filed any documents either in opposition or agreement to the amicus curiae application.
“They have already chosen sides; they want to align with the suspended judges. They are not impartial and only want to abuse the court. In addition it is the discretion of the court to join them; it is not a given right,” she contended.
She maintained that the LSB even in its application, had not raised any new legal arguments and had left the CoA to speculate on what they can bring to the matter.
Judgment has been reserved for February 2.