CoA Judge President urges officers to work Timely

ISAIAH MOREWAGAE
Staff Writer | Friday January 8, 2010 00:00

During the opening of the first session of CoA in Lobatse yesterday, McNally said 'we do not seem to have progressed beyond 2008 Volume I'. 'This is a serious matter, which I commend to the attention of the AG', McNally said.

McNally was also concerned with the continuing problem of late payment of security for costs. He said CoA Rules 19 and 20 are quite clear. 'We have been too forgiving in the past, but it makes task of preparing the roll difficult', He said.

He warned that from now on, no late payments would be accepted, adding that the appeal will be dismissed in terms of Rule 20 of CoA.

'The court will be issuing a practice direction in this regard,' McNally emphasised. McNally also told the CoA that three High Court judges, Singh Walia, Isaac Lesetedi and Ian Kirby have volunteered to assist in disposing off appeals during the current session.

McNally averred that they are faced with heavy sessions during which they are scheduled to some 24 criminal appeals and 25 civil matters. 'The weight of the roll is affected not only by sheer number of cases but also by length of the record and the need, in several cases, to provide a court of five judges instead of the usual 3. So we are in for a busy time,' McNally said. He wondered whether practitioners understand the way CoA works. McNally observed that a practitioner asked them to hear two complex cases requiring five judges each last week. He stressed that they would not allow that arrangement to happen.

He also urged the practitioners to prepare and file their heads of arguments timely.'There is always a problem of late heads of arguments. From what I have seen in this session the AG office has been very good. Some are others not so good. Please keep trying. Remember that delay puts pressure on us, and we are already working under pressure,' McNally said.