Gaolathe loses, applies for stay pending appeal


Attorney, Uyapo Ndadi representing Alliance for Progressives (AP) president, Ndaba Gaolathe in a case in which one Tshenolo Palai is objecting to the politician’s registration for election has applied for a stay of proceedings pending appeal.

Ndadi noted an intention to appeal the decision of Village Magistrate, Lindiwe Makgoro immediately after she dismissed the legal points he raised on the matter prior to getting into the merits of the case.  The legal points included that the court in another matter has already determined the voter registration status of the respondent and that the decision of the initial court on the matter is valid and shall exist forever.  On the contrary, Makgoro dismissed all the points Ndadi raised saying the decisions of the other Magistrate’s Court are not binding on her court and that cases are determined on own merits. 

Ndadi argued that since the substantive points of defence have not succeeded, the objection proceedings should be stayed pending appeal at the High Court.

“My instructions are that in the event the points in limine I raised don’t succeed, I should note an appeal and apply for the objection proceedings to be stayed,” he said. He also argued that in this instance, the rules do not require him to apply for leave to appeal because this was not an interlocutory application. He stated that the proceedings must be stayed because the appeal would have an effect on the objection proceedings in the event it succeeds. 

For his part, Mpho Garebatho who represents Palai stated that while he agrees that the respondent has the right to appeal, he should seek leave first from the court. Garebatho also argued that the appeal do not have any effect on the objection proceedings, as such he is against the proceedings being stayed pending appeal.

“The appeal doesn’t have any effect on staying these proceedings. The points dismissed don’t have effect on determination of the objection matter,” he argued.

However, the magistrate ruled that the respondent should make an application for stay of proceedings to be argued on August 6.  Meanwhile, a similar matter in which two voters, Arthur Tabane and John Keemenao Siele are objecting to Umbrella for Democratic Change (UDC) president Duma Boko’s voter registration status will be heard today. Boko through his representative, Dick Bayford has applied for Magistrate Mogi Paya to recuse herself from the matter.

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