He added that unnecessary details like phone calls, texts have been given in the averments therefore their submission is that the latter are scandalous and therefore should be struck out. “CJ’s reputation will be damaged if those allegations are left to be part of the record,” he pointed out. The interlocutory application to strike out the averments comes after Gaborone High Court Judge, Justice Gaolapelwe Ketlogetswe's interim interdict case against the Judicial Service Commission (JSC). In the interim interdict Ketlogetswe seeks to stop the JSC from hearing the matter he had reported CJ to Masisi who then referred his (Ketlogetswe's) complaint to the JSC as he does not want the Commission to deal with his matter.
Molebatsi indicated that the averments comprise defamatory connotations because they accuse the third respondent Rannowane of dishonesty and interfering in the judiciary. Ketlogetswe made news headlines recently after he accused CJ and the Minister for State President, Kabo Morwaeng of judicial interference with regards to Lobatse legislator, Dr Thapelo Matsheka’s case. Now Molebatsi feels that the averments narrate a sequence of events which gives an impression that there was an attempt to interfere with the decision of the judge. “The averments are sensitive and if they are not struck out the applicant will be forced to address the complaints from the respondent prematurely because the matter is yet to be dealt with. This has the potential to interfere in the rights of the JSC because the latter shall not be subjected to direction and control according to the constitution,” he said.
