Connect with us

Hi, what are you looking for?

News

Judge slams Mogalakwe for ‘sitting on his rights’

He did not act quickly to challenge legal fees – Justice Motumise

INSET: Mogalakwe Mogalakwe

When High Court justice Omphemetse Motumise dismissed an urgent application for Stay of Execution by former councilor for Mosolotshane, Mogalakwe Mogalakwe, he emphasized one thing – that the Applicant sat on his rights until the last minute.

He said that when Mogalakwe was issued with a Writ of Execution sometime in mid February 2021, for the legal Bill of P393.000.00, he did not immediately take action.

The judge said, instead, Mogalakwe spent time questioning the validity of the legal fees, but not coming up with any alternative figure whatsoever to challenge such in court.

“The conclusion is that the Applicant sat on his rights until the last minute, hence this application which was heard yesterday. He had ample time to challenge this, but he did not,” Motumise said.

He added that two months later in April, Mogalakwe had his property attached by Deputy Sheriffs, but he also did not act with the speed that was required.

Advertisement. Scroll to continue reading.

Motumise said the former councilor, once more, spent more time trying to come up with reasons why his property should not be sold to the public but it was now becoming late.

He said that Mogalakwe’s argument that the legal fees are not a true reflection of the true fees is also weak because he has not offered his version of the true legal fees.

Secondly, the judge said Mogalakwe’s argument that he is to suffer irreversible damage if his property is sold does not hold water.

‘I had to strike a balance between the prejudice that the Applicant says he would suffer if his property is sold, against the prejudice which the Respondents will suffer, and I found the middle ground,’ he said.

The matter was heard on Monday 23rd August 2021, just two days before the scheduled public auction of his property.

The First Respondent was the Independent Electoral Commission (IEC) and Botswana Democratic Party (BDB) were Second Respondents.

Advertisement. Scroll to continue reading.

Only the BDP lawyers showed up in court against the Applicants.

Motumise said Mogalakwe has also failed to demonstrate his prospects for success at the Court of Appeal, adding that they are next to zero.

He therefore ordered that the application be dismissed with costs.

In court on Tuesday morning, none of his supporters showed up nor were there any representatives from the UDC or his party Alliance for Progressives.

It was not clear by late Tuesday evening whether he would approach the Court of Appeal before August 25th.

Advertisement. Scroll to continue reading.
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement
Advertisement
Advertisement

You May Also Like

Entertainment

A romantic get away for olympic medalist Nijel Amos turned out to be a possible worst nightmare for one of the fastest man on...

News

A family in Hukuntsi watched helplessly as P18,000 worth of lobola cash was reduced to ashes after their house caught fire last Tuesday night....

News

*Will it be Lesaso, Letsholo or Moabi

News

Festive ended with fireworks for a married couple in Gamodubu village last Sunday. Sadly it was not the type that light up the sky...

News

Police in Tutume are investigating a case in which a 25-year-old man allegedly set ablaze his girlfriend’s hut. The incident happened last week Wednesday...

News

A Mosetse village man appeared before a Francistown Magistrate Court last week on a single count of threat to kill. According to the charge...

Business

We start the year by featuring Tumelo Pabalinga, the Executive Director of Emergency Assist 991 – previously known as Netcare 991. The Sebina native...

News

WOMAN’S HEARTBREAK FOR SON’S GIRLFRIEND KILLED IN CAR CRASH A devastated mother-in-law to be, Keabonye Ntsabane, has paid tribute to her son’s girlfriend who...

Sports

...As Mapantsola Cruise to 3-1 Victory Over Fighters

Entertainment

Local riders will once again miss the opportunity to compete in the popular Toyota 1000 Desert Race since the event will be held in...

Politics

A peep into a ‘Dry’ Backbench During the festive holidays, another prominent member of the ruling Botswana Democratic Party (BDP), Mpho Balopi resigned from...

News

A report by Psychiatric Out-patient Disorder Consultations indicates that more men in Botswana are prone to mental illness than women. Of the close to...

News

A 30-year-old woman reportedly died after being electrocuted by an electric cable which was lying on the ground from a fallen Botswana Power Corporation...

Entertainment

The second annual Botsalano Cup, an initiative by area Councilor Ontiretse Zuma Baakile is on the cards. The event will be preceded by an...

Entertainment

Although her music career has hit Mt Kilimanjaro-like heights in recent years, 31-year-old Girlie ‘wa di body’ is in fact a veteran of the...

News

Francistowners reveal their dreams for 2022 For many, the dawn of a new year is seen as a chance for a fresh start, an...

Advertisement

Copyright © TheVoiceBW. (Since1993) made with ❤️ in Botswana.