Tafa reserves judgement in CoA case
Oarabile Mosikare | Tuesday February 28, 2017 17:39
Tafa said yesterday there are a lot of issues that he has to address and conceded that the matter is urgent. Although the matter is urgent, he said he would deliver judgement on March 2, 2017 in the morning.
In the previous judgement, Tafa ordered that the appointment of Isaac Lesetedi, Monametsi Gaongalelwe, John Foxcroft, John Cameron, Arthur Hamilton and Craig Howie was invalid in that the President had no right to reappoint them to the bench.
The judgement followed a challenge by the National Amalgamated Local and Central Government and Parastatal Workers’ Union (NALCGPWU) against President Ian Khama on his appointment of the CoA judges. The Union argued that no Judge should be reappointed after a fixed term. ]
Appearing for the Union, senior counsel Alec Freud argued that the AG’s application “is a stillborn application and should be dismissed with costs”.
Freud said the applicants failed to advance persuasive reasons adding that there is a lot of lack of clarity to what consideration should be done.
“The appellants have the right to appeal but my learned friend cannot say with certainty that the appeal will succeed. If the appeal fails we will be in a serious national crisis. It will be unwise for the Lordship to expose the country to that risk,” he argued.
He added: “The court has declared the law; the applicants do not like the law. The law is the law. There are no considerable prospects of success.” Freud said the appeal by the AG was an untidy road to take since it gives rise to intolerable risk.
The South African based advocate said the remedy sought will not resolve the problem and that the applicants have misconceived their remedy.
For his part, the applicants’ attorney Matlhogonolo Phuthego (who are President Ian Khama, Judicial Service Commission and the Speaker of the National Assembly), said the Constitution empowers Judge President of the CoA to appoint an acting Justice of Appeal.