The chairperson of Botswana Patriotic Front (BPF) has been decrying the fact that he was being forced to continue with the appeal despite his desire to forego it. Morupisi’s attorney, Busang Manewe, told the bench of Justices, comprising Lakhvinder Singh Walia, Baaitse Nkabinde and court president Tebogo Tau that they have issues as to how they needed to proceed with the appeal. “I have been having issues with my client. Our issues have been on the appeal itself and if my client continues with me or not. It's only late yesterday that we came to some sort of an agreement and as it is, since it was late we are not ready,” he said.
Manewe also said he felt imprisoned by the rules of court as he is not able to withdraw his services with his client even if they do not agree on things. He cited that rule 14 (5) (a) (b) was his worst nightmare as it has so far prevented him from recusing himself from the appeal to allow his client to decide if he wants to continue with him or not. The rule reads as, “(5) (a) Save in exceptional circumstances, no legal practitioner representing an appellant or a respondent in an appeal in any session shall withdraw his or her services after the publication of the roll for that session in the Gazette and (b) any withdrawal thereafter shall be permissible only with the leave of the court, which may be granted by a single judge, for good cause shown.” Manewe, in trying to seek for a postponement said he did not understand how the rules of court have imprisoned some so much that he would even be forced to litigate against his wishes. In the end, despite the efforts of Morupisi’s attorney to postpone the matter, the bench adjourned for five minutes and came back to insist that the appeal proceeds as scheduled.
