ZCC member appeals dismissed joinder
Goitsemodimo Kaelo | Wednesday November 15, 2017 19:25
Jost Isaac had applied to be party to the constitutional case brought to court by Tshiamo Tladi and 10 others against their church.
The lawyer, Isaac’s application for joinder was, however, dismissed last month by Gaborone High Court judge Michael Mothobi. The church members are suing ZCC over what they call violation of their constitution and victimisation of fellow worshippers.
Isaac wanted to be cited as a respondent in the case in which the church is embroiled in a constitutional battle against some members of the Tlokweng ZCC branch.
The High Court dismissed his application on the basis that it is abuse of the court as he is already admitted as a friend of the court (amicus curiae) in the main application.
The court was scheduled to continue hearing proceedings in the main application after Mothobi ruled on Isaac’s interlocutory application last month, however, the matter was rescheduled to November 14 for status update after his lawyer, Advocate Duma Boko noted an intention to appeal.
Yesterday Boko told the court that his client has filed an application for leave to appeal Mothobi’s ruling on the joinder application.
“We filed an application for leave to appeal this morning against the ruling dismissing the application to be added as (an) intervening party or joinder. Other parties were also served, but they are yet to take positions on whether to oppose or not oppose the application,” Boko said.
Attorney Phatsimo Mphetolang, who represents Tladi and 10 others, indicated that they have also filed for leave to appeal Mothobi’s ruling regarding the scale of costs awarded to the her clients.
The judge awarded them costs at ordinary scale while the ZCC who were also respondents in the joinder application were awarded costs at attorney client scale.
“We have also filed an application for leave to appeal his lordship’s decision most particularly regarding scale of costs. The order was granted in favour of my clients, however it is the scale that the applicants are taking issue with,” Mphetolang said.
Justice Mothobi said he wanted the case to be completed before the end of the legal year, but early indications are that it just might take longer than that. He said there is nothing he can do to speed up the process as he is obliged to give a fair hearing as the parties take advantage of the rules they are entitled to. He ordered the parties to return to court on December 8, for status update. Mothobi said the objective of the status update is to ascertain whether the parties do or do not oppose the relevant applications.