FRANCISTOWN: Justice Gaolapelwe Ketlogetswe has made an order that the case in which he was cited as a respondent by the Attorney General (AG) should be referred to another judge to preside over it.
The case was instituted by the AG against Ketlogetswe. When the case resumed, Justice Ketlogetswe told all parties in the matter that he would not be presiding over a matter in which he is cited as a respondent because the situation would be akin to him being a referee in his own court. In response to what Ketlogetswe had said, attorney Busang Manewe for the AG said that Ketlogetswe should have said so after the AG had filed its papers at the Registrar of the High Court so that the case would be referred to another judge to preside over it. Attorney Wada Nfila for Ketlogetswe said that they were still taking instructions after reading the papers that were filed by the AG.
Nfila was, however, of the view that it would be improper for Ketlogetswe to preside over a matter in which he is cited as a respondent, but the matter should instead be referred to another judge to hear it because Ketlogetswe cannot preside over a matter in which he is cited as a respondent. Umbrella for Democratic Change (UDC) lead attorney, Advocate Duma Boko said that Ketlogetswe’s hands in the matter were tied, adding that the case should be referred to the registrar to allocate it to another judge. “This matter is not properly before this honourable court... I don’t want to belabour this issue, but the best thing is for the application to be struck off the roll so that the applicants can file it properly,” said Boko, who is also the president of the UDC.
Boko said that the matter should be referred to another judge to preside over it. Attorney Otsile Rammidi for the Independent Electoral Commission said the electoral management body had no problem with what had been suggested. “My position is that the case should be referred back to the registrar to allocate it to another judge,” Justice Ketlogetswe said at the end of the proceedings.
