20 Jun 2019

Land Tribunal president, Ms Boitumelo Kaisara has once again rescinded a default judgement against Molepolole businessman, Ephraim Kgosiemang for failing to make an appearance on set dates.

The decision was made in favour of Kgosiemang after the Land Tribunal bench, led by its president, was convinced by arguments that the complainant was not served to make him aware of the dates.

He made an application to seek the reversal of the June order, saying it was unfair on his side.The complainant had requested the court to rescind a default judgement imposed on him for failing to make an  appearance on set dates for a disputed cemetery plot at Ratlhomelang area in Molepolole.

The Land Tribunal president rescinded the default judgement on the basis that it was not clear whether he was served as the attorney representing him was no longer practicing.

Kgosiemang is the defendant in an application by Kweneng Land Board and Kweneng District Council as 1^st and 2^nd applicants represented by attorneys Alfred Baikakedi and Richado Seabuweng who want him to vacant the plot they say he occupies illegaly.

During the hearing, Mr Seabueng reiterated his concern that Kgosiemang’s application was a non-starter because he was not to be relied upon as he was dragging the matter back and forth for his selfish gain.

He insisted that the applicant was holding Bakwena at ransom by constantly making advances that negatively affected progress of the case and pleaded for the dismissal of the application, saying it did not have substance and was a deliberate move to buy time through delaying tactics.

“You are making unnecessary delays to become a hero by holding the community at ransom,” said Mr Seabueng. The applicant, however, dismissed claims by the KDC’s attorney suggestions that he was holding Bakwena ransom.

Mr Seabueng insisted that Kgosiemang was not a law abiding citizen, saying he was disrespectful to court and taking advantage of the fact that he was never reprimanded for his acts.

“If there was any person holding the public at ransom it’s the defendants, as they failed Bakwena by sitting on their right for over 37 years following the alleged issuance of the plot in 1982 after being abandoned for years without usage,” stated Kgosiemang

He, however, confirmed to have suspended use of the plot in question, stating that the only area he was using was the 18 hector plot he used for rearing domestic animals next to the disputed one.  The order initially directed the applicant to stop usage of the disputed plot forthwith which has since been rescinded except orders to pay the cost of the case and filing of paginated bundle with Land Tribunal.

The case will sit for hearing on July 3^rd and 9^th with both council and KLB attorneys calling witnesses to testify. ENDS