08 Sep 2020

The Court of Appeal has dismissed with costs, Mr Mogalakwe Mogalakwe’s request to appeal a High Court judgement.

Mr Mogalakwe had  requested for leave to appeal the Gaborone High Court ruling of February 12.

Following the October 23, 2019 general elections, Mr Mogalakwe had approached the High Court with a petition questioning the outcome for Mosolotshane/Moralane ward in the Shoshong Constituency.

Mr Mogalakwe who was an  Alliance for Progressives (AP)  candidate for the council seat, cited irregularities pertaining to the results of the general election and therefore wanted the high court to declare the outcome of the election as null and void.

The petition was subsequently dismissed with costs.

In his ruling on Mr Mogalakwe’s request for leave to appeal, Justice Singh Walia said the Court of Appeal could not establish the exceptional circumstances that could support granting him leave to appeal.

Judge Walia said the appellant had failed to provide exceptional circumstances to justify to the court that his appeal had prospects to succeed.

Therefore Judge Walia said the applicant  had failed to substantiate through papers filed, reasons for granting the leave to appeal.

Mr Mogalakwe had through his attorney, Advocate Patrick Kgoadi pleaded with the Court of Appeal to grant him leave to appeal, arguing that  the High Court had erred in its judgement.

Advocate Kgoadi said the High Court did not take into account the unbearable conditions that failed to provide a platform for a free and fair election. ENDS