Passing a ruling on the marathon case in Lobatse yesterday, Justice Monametsi Gaongalelwe confined himself to preliminary issues raised by the defence and ruled that the application is a nullity on account of failure to give statutory notice in terms of section 4 of the State proceedings.
" I further rule that the matter has not been shown to be urgent. The application is therefore struck out with liberty to reinstitute if so advised provided applicants meet the requirements of the laid down procedures," the ruling read. Gaongalelwe also ruled that Daisy Loo pay the costs of the application. The Attorney General had also argued that the application be dismissed because it failed to observe laid down procedures, such as giving the government 30 days' notice of the intention to sue. The state, represented by Deputy Attorney General Abram Keetshabe had raised several preliminary issues before the High Court and requested the court to decide on the strength of those issues before it could proceed with the merits of the case.
