He submitted that no members of the bench can be sued in his or her judicial capacity. He said even the Attorney General's citation in the application as a respondent is improper. He argued that the Attorney General represents any public service organ or servant. He pleaded with the court to reject the application on the basis of preliminary points. Daisy Loo filed the urgent application praying that the Director of Public Prosecutions, the Directorate on Corruption and Economic Crime (DCEC) and the magistrate, Mugoni, be held in contempt of the Court of Appeal. The application arose after Mugoni granted the state an order to continue withholding Daisy Loo's P25 million. The state got the order after the Court of Appeal ruled that the money from a controversial tender with the Gaborone City Council (GCC) belongs to Daisy Loo. The state sought to withhold the money because giving it away would jeopardise the corruption case filed against Daisy Loo and GCC officials over the tender.
Last Friday, the state argued that on the basis of preliminary issues the application for contempt by Daisy Loo be dismissed without considering the merits. Keetshabe pleaded with the court to dwell on the preliminary issues first and if they are valid, then the application should be dismissed with punitive costs immediately.
