Village Magistrate, Lindiwe Makgoro has granted Alliance for Progressives (AP) president Ndaba Gaolathe leave to take his matter to the High Court to challenge her decision in which she dismissed the preliminary points of law.
Gaolathe, who is AP’s parliamentary candidate for Gaborone Bonnington South constituency in the 2019 general elections, is engaged in a legal battle in which one Tshenolo Palai is objecting to the politician’s registration for election.
The MP had raised preliminary points of law for the court to consider before dealing with merits of the case. The points were that his status had previously been determined by the other magistrate as such could not be challenged and that the objector could have asked for the court to consolidate the case with the other one since he was aware of it.
Gaolathe’s application was dismissed on July 18, but his attorney Uyapo Ndadi noted leave and intention to appeal the decision. He also applied for a suspension of the proceedings pending appeal.
On Tuesday, magistrate Makgoro granted both leave and stay of proceedings pending appeal.
Gaolathe’s grounds for appeal are the Magistrate erred in holding that it is not bound by the previous order of Magistrate Mogi Paya in an identical objection in which one Gomotho Gomotho also challenged Gaolathe’s registration status.
According to Ndadi, the appeal will be heard by the High Court at a date yet unknown.
“If Gaolathe succeeds, the that will be the end of the case, if he loses, then the case will be sent back to the Magistrate’s Court for a determination on the merits.
In the meantime, he remains on the voters Roll until a determination has been made. Once a Writ of Elections is issued, the case will be academic as in terms of Section 28 of the Electoral Act no amendments can be made on the voters Roll,” said Ndadi.