In an unprecedented turn of events, Advocate Sidney Pilane on behalf of objector John Siele has filed for a stay of execution application “a night before ruling.” Although the ruling on principal residence went ahead, the stay of execution case is consequently expected to be heared this Monday at the High Court.
Confidential court documents passed to Weekend Post in a fresh case on Friday this week, suggest that Siele and his lawyer Pilane want High Court to rule to stay any decision by the Chief Magistrate, Gaborone Village. They want “a stay of execution on their objections pending the hearing and determination by High court, and in the event of an appeal by the Court of Appeal, of the review applications brought by themselves.”
In addition, they want court to “take notice that the Chief Magistrate be called upon to refrain from making any decision on the objections of the applicants pending the hearing and final end and determination of the application for stay hereby made, by the above Honourable court.” In the court papers, Siele, Tabane and attorney Thembani Jeremiah Siele represented by Ramalepa attorneys filed affidavits that will be used in support of the application.
The stay of execution application comes before and after Duma Boko, Umbrella for Democratic Change (UDC) leader was triumphant in a case which questioned his principal residence. Village Court Magistrate Goodwill Makofi ruled on Friday that he (Boko) was rightful registered for the 2019 General Elections in Phase 2 which is his principal residence under the circumstances and not Tlokweng.
However, a night before judgement, Pilane filed the stay of execution matter as an urgent application although he lost the judgement to Boko the following day. According to Boko’s lawyer, Dick Bayford, what is strange is that the stay of execution application has been noticed although the magistrate court decision on the matter is final.
“The ruling is final. That is what the law says. In fact Pilane even mentioned it that he wanted the court to stop Boko because he knew once the court has made the ruling, it will be final and binding,” Bayford told Weekend Post exclusively after the principal residence judgement. Bayford added that at court he (Pilane) wants “stay” though in the common sense the court ruled that Boko is rightful registered in Phase 2, Gaborone, and it’s his principal residence, and nothing would change it.
He further explained that what would normally happen in court is that a party or individual will wait for a court decision to be made and then complain about that decision thereafter, and not how Pilane and Siele has done. “It’s just logical to wait for court ruling,” he stressed. What has happened about this particular case, he explained, is that even before the judgement of the court was delivered, as the case was registered on Thursday, before ruling, Siele/Pilane goes to the High Court to ask for stay of the ruling.
“This happened while it was entirely possible that the court could rule in Siele’s favour. He is seeking for a stay of the ruling of the Magistrate court. Supposing it was ruled on his favour, was he still going to ask for his stay. That is where the absurdity of the application stems from,” Bayford pointed out.
According to the well-established lawyer, this has happened because interlocutory rulings are not appealable; and when you appeal an interlocutory order you must show that it is dispositive of the whole case. You also have to show that you have reasonable prospects of success; and seek leave or permission of the court, he highlighted.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.