07 Jun 2020

Mr Mogalakwe Mogalakwe of Alliance for Progressives (AP) on June 5 approached Gaborone High Court to appeal its decision of dismissing his election results petition on February 27.

Mr Mogalakwe was a council candidate for AP at Mosolotshane/Moralane ward under Shoshong constituency in the 2019 general elections and appealed the verdict of the polls after suffering a loss.

In the appeal papers the Independent Electoral Commission (IEC) is cited as the first respondent, while the second respondent is Mr Kesebelwang Gaorongwe of the Botswana Democratic Party (BDP) who emerged victorious.

The case was set for a roll call on Friday at the Gaborone High Court before a panel of three judges namely; Itumeleng Segopolo, Omphemetse Motumise and Gaolapelwe Ketlogetswe.

Appearing on behalf of the applicant, the Defence Attorney, Mr Patrick Kgoadi confirmed that the respondents were served with the appeal papers.

“We have also received answering affidavits from the respondents today, and therefore will require time to deliberate on them,” said Mr Kgoadi.

The second respondent attorney, Mr Itseng Mothibamele also informed to the court that his team had filed a notice to oppose the appeal on June 3, accompanied by a notice to raise a point in Limine (preliminary points).

Since the appeal was registered as an urgent matter, the second respondent questioned whether indeed the matter was urgent. The second respondent believed the applicant had failed to put forward facts that prove urgency.

In his argument, the second respondent stated that the judgement in Mr Mogalakwe’s election results petition was delivered on February 27, but the applicant only filed his appeal on May 29.

The second respondent also argued that even though the appeal was filed on May 29, the respondent was served two days later on June 1.

Therefore the applicant’s conduct did not communicate any sense of urgency.

Meanwhile, Justice Ketlogetswe said the question that arose from the bench was as to whether the appeal was properly launched before court. Therefore, Justice Ketlogetswe said the two parties should deliberate on the point and guide the court accordingly.

The court has set June 10 at 9am for the parties to argue points raised by the second respondent. Ends