High Court to decide new Basarwa case

They have filed a High Court case seeking leave to appeal the decision. Justice Ian Kirby of the High Court is expected to decide whether to allow the case to go to the Court of Appeal. Bennet and Boko say the government should pay Basarwa the costs of the case that was presided over by Justices Mpaphi Phumaphi, Unity Dow and Maruping Dibotelo.
Bennet says that the decision by Phumaphi that the parties should pay their legal costs abused judicial discretion.

This is because Basarwa are entitled to compensation by the government for the costs they incurred as a result of the case. "It is highly undesirable. Your Lordship has to check if there were reasonable grounds. Judicial discretion has been abused.
There is need to consider if judicial discretion has been exercised properly," he said.