04 Sep 2022

Justice Mercy Garekwe of Court of Appeal (CoA) has allowed Lesiame Pitseng to file and amend grounds of appeal in a case in which he is challenging a High Court decision that barred him from burying his father inside Central Kalahari Game Reserve (CKGR).

Justice Garekwe’s Friday ruling followed a decision by Pitseng through his attorney, Mr Nelson Ramaotwana, to approach the CoA asking for, among others, an order directing that the notice and holding grounds of appeal filed on May 4 be substituted with amended ones and that their matter be heard as one of urgency.

In her ruling, Justice Garekwe said the High Court judge delivered a verbal judgment on April 25 and the applicant being dissatisfied noted his appeal within the six weeks period mandated by the rules of the CoA.

She said the applicant filed the holding grounds of appeal on account of lack of written reasons.

Justice Garekwe said the applicant also made a written request to the High Court to provide him with written reasons, which were to have been provided within a period of 14 days from the date of noting the appeal.

However, the written reasons were only ready on June 14, and only served to the applicant’s attorney on July 6.

Justice Garekwe also added that due to poor communication within GKGR, Pitseng was only able to consult his attorney on August 12, hence she said it was imperative and mandatory for the applicant to seek the court’s indulgence to amend the grounds of appeal.

As such, Justice Garekwe said she was satisfied that the matter was urgent and the applicant had satisfied the requirements of seeking to amend his grounds of appeal out of time, hence she condoned the appeal and ordered the applicant to file amended notice and grounds of appeal on May 4.

The state, however, did not oppose the application, stating that they would abide by the decision of the court.

Pitseng was appealing Justice Itumeleng Segopolo’s April ruling, which directed that he should bury his father, the late Pitseng Gaoberekwe, who died on December 21 last year, outside CKGR.

Justice Segopolo in his ruling stated said the deceased was not among the 189 listed litigants in the Roy Sesana case, who enjoyed free movement in the reserve.

He had further said the deceased’s family had not disputed that the deceased had a house at New Xade and resided there by the time of his death.

Justice Segopolo was ruling on an application by Pitseng, who had taken the director of the Department Wildlife and National Parks to court over his decision not to accede to therequest bury his father inside the park. ENDS