No prison for Kgang Mothobi judge rules

15 Mar 2023

Kweneng Land Board chairman Mr Kgang Kgang and Secretary Ms Neo Mothobi will not be going to jail . Lobatse High court Judge Ranier Busang of Lobatse High court yesterday granted the two officials an interim order stopping their imprisonment. 

This was after the High Court granted Madisa borehole syndicate an imprisonment order against the Land board leaders for contempt of court. 

In applying for the imprisonment against the duo, the syndicate had relied on an order of the High Court of August 17, 2021, which directed the land board to allocate/lease and give land rights to the syndicate. 

However, the Land board, through Seabueng Attorneys, and the officials, represented by Motsamai attorneys made an urgent application to the High Court for stay of execution. 

In their court papers, the Land Board and its official accused Madisa borehole syndicate and their lawyers, and one Mr Gobonaone Ramoupo, who is a third party to the syndicate of acting in bad faith. 

They argued that while the respondents were fully aware that there was an active case before the court of appeal where they were appealing the contempt of Court order, the syndicate and its lawyer went on to obtain a Writ of Personal Attachment from High Court Assistant Registrar. They only got to know about their impending incarceration from social media as the respondents first ensured to post the writ on social platforms, they said. 

According to the writ, signed March 6, Mr Kgang and Ms Mothobi would be incarcerated for 90 days. The Land board also could not understand how the High Court Assistant Registrar, Ms Oarabile Pitso could issue an “irrational, irregular and illegal” Writ of Personal Attachment. Justice Busang agreed with the land authority and its officials. 

He thus issued a temporary order in their favour, effectively restraining Madisa syndicate and anyone acting on their behalf from enforcing writ. The judge also ordered Madisa Syndicate to immediately surrender the writ against the officers. He further ordered the assistant registrar, Ms Pitso to facilitate Madisa syndicate to surrender the said documents. 

He ordered Madisa syndicate to pay the costs of the application, and set the final determination of the matter for the morning of March 24, at 9 O’clock at Lobatse High Court. ends

Source : BOPA

Author : Lindi Morwaeng

Location : MOLEPOLOLE

Event : Court

Date : 15 Mar 2023