04 Feb 2020

Election results petitioner, Mr Mogalakwe Mogalakwe’s attorneys, have yet again fielded a witness that did not appear in their witness list.

On January 22, Justice Gaolapelwe Ketlogetswe advised Mr Mogalakwe’s attorneys that there was no need to ambush other parties by introducing witnesses that were not registered and agreed upon during the final case management conference.

Then, the petitioner’s attorney, Mr Patrick Kgoadi had called Constable Ratanang Gaoakanye into the witness box, only for the IEC (first respondent) attorney, Advocate Otsile Rammidi to intercept the anticipated ‘ambush’ as the witness was not part of the submitted witness list.

As if that was not enough, two weeks later, on February 3, Mr Mogalakwe’s attorneys, led by Mr Faustino Ngandu, introduced yet another surprise witness in Mr Gabothoge Ramagonono, and again the IEC attorney intercepted the surprise attack. 

Advocate Rammidi indicated that the witness was not part of the list of 11 witnesses that was before court.

He said the name of the witness only featured on the new list that was produced on January 31, adding that his statement was only a brief of three lines. 

“We are being taken by surprise and we object the current approach by the petitioner,” he said. Mr Rammidi said after ‘pulling their first stunt’, the petitioner was to amend his witness list, but to date that had not been finalised.

The second respondent’s attorney, Mr Busang Manewe was equally taken off guard by the petitioner’s move. 

“I am also lost because I had no knowledge of the witness. 

He was not registered from the beginning and his summary of evidence is too scanty,” said Mr Manewe.

In conceding to the objection, the petitioner’s attorney, Mr Ngandu opted to call another witness, but the court had to seek clarity on what was supposed to be done with the surprise witness, as he had already taken oath. 

Mr Ngandu indicated that it was not their intention to surprise the respondents and that if the court allowed, the witness would be stood down with the prospect of being called again as they did not wish to abandon him.

“You recall what happened recently and you are repeating the same trend, interjected Justice Ketlogetswe, adding, ‘the witness has taken oath and once he has taken oath the respondents are allowed to cross examine him, unless you decide to abandon him’.

Judge Omphemetse Motumise also cautioned Counsel Ngandu as he had taken a solo attempt to vary the case management order. 

“Your witness’ name does not feature in the list before the court, surprise witnesses go against the basis of a fair, open and transparent hearing,” said Judge Motumise.

Justice Itumeleng Segopolo said an objection had been raised as the witness was not properly registered, adding that in a case where the witness was withdrawn, whatever he had said would be expunged from the case record and there would be no need to cross examine him.

In concluding the debacle, the court conceded to the petitioner’s decision to withdraw the witness and Justice Motumise ordered Mr Ramagonono to descend from the witness box.

Mr Mogalakwe is petitioning the outcome of the 2019 general elections results for Mosolotshane/Moralane ward in the Shoshong constituency. 

 

The results petition trial is before a panel of three Gaborone High Court judges being: Gaolapelwe Ketlogetswe, Omphemetse Motumise and Itumeleng Segopolo. ENDS