Court grants petitioners access to election material

Judges Gaopalelwe Ketlogetswe, Omphemetse Motumise and Itumeleng Segopolo have granted two Umbrella for Democratic Change (UDC) petitioners access to elections material currently in the High Court’s custody.

The trio acceded to the petitioners’ application for access to the material which they believe would aid in building up their trial arguments.

The decision followed a lengthy debate with lead counsel for the petitioners, Mr Dick Bayford informing the panel of judges that second respondent’s (Botswana Democratic Party) attorneys were against their desire to gain access to the election materials.

Mr Bayford pointed out that section 79 of the Electoral Act, relating to electoral materials used in conduct of elections, was silent on how the materials could be accessed in order to deduce evidence from them.

He said accessing the materials seemed to be a laborious process and therefore required the court’s assistance.

Responding to Mr Bayford, Mr Busang Manewe, representing second respondent, had argued it was unclear what the petitioners were looking for.

The case of the two petitioners, Maneke Segootsane of Kaudwane Ward in Letlhakeng/Lephepe Constituency and Entebetse Boitshwarelo of Mashoro Ward in Serowe West constituency, will commence on January 15.

The respondents did not argue preliminary points in the two cases, hence the judges’ endorsement to move them on to trial.

Meanwhile preliminary arguments in other elections petition cases involving Noah Salakae, Mogalakwe Mogalakwe, James Mathogojane, Olefile Motswasele and Olebogeng Kemelo are scheduled for hearing today.

Lead judge, Justice Ketlogetswe urged all parties to have filed witnesses’ summaries by close of business on January 13 so that judgment on preliminary arguments could be delivered the following day at 2pm.

He further cautioned them to be ready for trial set for January 14 and prepare even for other cases still to be argued in case they proceeded to trial.

Justice Ketlogetswe said preparations ought to be done prior to judgment being delivered to avoid setting trial dates for much later.