The Marole-Dingake case comes before court again

ISAIAH MOREWAGAE
Staff Writer | Friday July 9, 2010 00:00

The appeal was initially scheduled for the January session of the Court of Appeal (CoA), but was deferred after Gaetsaloe's lawyer, Itumeleng Segopolo, applied for the recusal of three CoA judges, Stanley Moore, Seth Twum and Justice Howie, from hearing the case that his client has brought against High Court judge, Key Dingake.The application for recusal came just when the judges were about to hear an appeal in relation to a case that Gaetsaloe lost before Dingake.

However, then acting Judge President, John McNally, heard the application and dismissed it.

In his ruling, McNally said on the day the matter was scheduled for, the CoA heard Segopolo say that in an earlier hearing these three judges had manifested bias, 'such as to give rise to a reasonable suspicion that the three judges might be biased against his client and that consequently his client was apprehensive that he might not receive a fair hearing before a court on which they sat'.

The court was then adjourned to give the judges an opportunity to respond to the request that they should recuse themselves. 'Each of them has now prepared a written statement in which they decline to recuse themselves. I should indicate here that I entirely agree with the decision of the learned judges,' McNally said. In the substantive case at the High Court, Gaetsaloe challenged his dismissal from Debswana and lost. He alleges that the High Court decision was made because of what he claims to be an untoward relationship between Dingake and Debswana managing director, Blackie Marole.

He claims in his appeal that he lost the case against his dismissal at the High Court because of the untoward relationship. He even alleged bribery.  Gaetsaloe has demanded to be given access to the phone records and bank details of the High Court judge and Marole. Late last year, Justice Monametsi Gaongalelwe of the Lobatse High Court ordered Dingake and Marole to release details of mobile phone communication between them.

In addition, the judge ordered the Botswana Unified Revenue Service to provide all tax returns submitted by Dingake. Segopolo represents Gaetsaloe while Vivian Vegeeger and Dineo Makati-Mpho appear for the respondents.