The state surrenders in Mothusi case

In his application, Mothusi argued that his right to a fair and speedy appeal has been infringed upon by the unexplained delay by the administration of justice in producing a case record of his case at a trial that took place at the Gaborone Chief Magistrate courts. Lizo Ngcongco, representing Mothusi, told court that they have made an application under Section 18 of the Constitution. The section, he said, secures fundamental rights for citizens and these rights are not just a mere coronation of oath.

"What right is being contravened? The right that we seek to enforce is in terms of Section 10, this right guarantees him (Mothusi) the right to be heard by a fair and impartial court within a reasonable time."