12 Oct 2022

The Court of Appeal (CoA) has on Tuesday postponed to January session, a case in which the attorney general, Registrar of Deeds and Malete Land Board are appealing a High Court decision to grant ownership of Farm Forest Hill 9KO to the Balete tribe.

The CoA allowed the postponement in order for Malete Land Board to file an application for leave to appeal out of time, after their initial application was struck out for failing to conform to the court rules.

The CoA judge president, Justice Tebogo Tau had from the onset raised disapproval of the Malete Land Board appeal application before the court.

 “You need to address us on whether your papers are properly before the court,” Justice Tau said to Malete Land Board.

She said the Malete Land Board papers were filed before the CoA whereas the rules dictated that the papers should have been filed before the High Court.

 Malete Land Board, through their lead attorney, Advocate Neil Redman conceded to the erroneous filing of their appeal and said it was an oversight on his legal team.

However, Justice Singh Walia said the court was careful not to deviate from the normal procedure and set a new precedence.

After some deliberations, Advocate Geoff Budlendese for Kgosi Mosadi and Gamalete Development Trust also conceded to the error.

However, the court ordered Malete Land Board and Gamalete Development Trust to bring application for leave to appeal out of time or any other application they might deem necessary by October 21.

The court also ordered that Malete Land Board application for leave to appeal out of time would be heard on a date to be allocated by the court during the November session.

The attorney general, registrar of Deeds and Malete Land Board approached the CoA to challenge a High Court decision, which ruled that the Farm Forest Hill 9KO was owned by Gamalete Development Trust and the Balete tribe as opposed to the Malete Land Board.

Gamalete Development Trust and Kgosi Mosadi legal team comprise Advocate Budlendese, Mr Tshiamo Rantao and Mr Kgotso Botlhole, while the attorney general, Registrar of Deeds legal team comprise advocates Dr Sidney Pilane and Sadique Kebonang. ENDs