Legal technicalities at play in EVM case

The Attorney General (AG) made an application before Justice Lot Moroka whether or not the Botswana Congress Party (BCP), which is cited as the first respondent in the application, erred in not having filed an accompanying affidavit as per the rules of the High Court. The AG also wants the court to determine whether the applicant has made out a case for the dismissal of the action, or setting aside the amended declaration, and or striking out of the offending paragraphs of the amended declaration on the basis that it is not supported by a relevant affidavit or affidavits.

The AG attorney, Mathogonolo Phuthego said that with regard to Order 24 sub rule 2 (b) (i) of the High Court rules, which states that every declaration should be accompanied by an affidavit or affidavits, this means that the BCP erred in failing to provide an accompanying affidavit to the amended declaration as required by the rules.