09 Feb 2020

A witness with both hearing and speech impairments, Mr Sam Motlhabeng  stepped out of the witness box on Thursday after Gaborone High Court established the difficulty in following the interpretation of his evidence.

Mr Motlhabeng was giving evidence in sign language in an election petition trial with the aid of Mr Ntsima Karae who was doing the interpretation.

Mr Mogalakwe Mogalakwe is petitioning the 2019 election results of Mosolotshane/Moralane ward in the Shoshong constituency.

The difficulty in interpretation became apparent when the witness was taking an oath.

The second respondent attorney, Mr Busang Manewe indicated that he was having a difficulty with the witness and the translation.

 “They speak in a language only peculiar to them and it is described as sign language. It puts the second respondent and I believe anyone else in a difficult position,” said Mr Manewe, adding that there was no way to ascertain the truthfulness of the interpretation.

Mr Manewe said it would be difficult to follow on the proceedings of the case due to communication barrier that ensued.

“We are not sure as to whether the interpretation is correct or not. The proceedings will be unfair towards my client,” he said.

Mr Manewe said he would be relegated to listening and taking down what he would be told, therefore would find it difficult to interrogate it.

The petitioner’s attorney, Mr Patrick Kgoadi said one would not fault Mr Manewe for being concerned.

However, Mr Kgoadi said the situation spelt out the diversity of the nation and that it had people with such unique challenges.

Justice Gaolapelwe Ketlogetswe said the respondent should be mindful that every person had the right to deliberate themselves as best as they could.

However, if there was a possibility of defeating justice, then a decision must be taken to address the arising challenge, said Justice Ketlogetswe.

“Let us excuse the witness for now and deal with the challenging issue as it is clear that the court has a difficulty of following the interpretation,”  he said.

The election petition trial is ongoing before a panel of three judges being Justices: Ketlogetswe, Itumeleng Segopolo and Omphemetse Motumise. ENDS