Kgafela: real case resumes

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The criminal case against Bakgatla paramount chief Kgafela Kgafela has resumed before Broadhurst Magistrate Court. Kgafela's criminal matters were put on hold for some time while he was trying to get the Court of Appeal (CoA) to set aside the Constitution of Botswana.

He appeared for a brief mention before Gaborone Chief Magistrate Christopher Gabanagae yesterday in a case in which the Bakgatla traditional leadership is accused of flogging people in the Kgatleng region of Mochudi in 2009.
Kgafela threw yet another spanner in the works, when he made an application to have his case transferred to the Mochudi Magistrate's Court for trial. The case has been postponed to May 15.

Last week, a panel of five judges dismissed Kgafela's application to have the Botswana Constitution set aside.CoA president Justice Ian Kirby ruled that no court in the country has the power to set aside the Constitution. The judgement by CoA - being the highest court in the land - means the subsequent constitutional review challenge at the High Court falls away. The effect of the judgement is that all pending cases against Kgafela resume.

Editor's Comment
Women unite for progress

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