Wednesday, July 6, 2022

BNF petitioner shocked at Kanjabanga’s withdrawal of case

A member of the Botswana National Front (BNF), Rex Seherane, who was challenging the party’s President Duma Boko’s leadership in view of his (Boko and BNF) membership and leadership of Umbrella for Democratic Change (UDC) expressed shock that his lawyers, Kanjabanga and Associates moved an application to withdraw his case without his consent.

On Monday, Lobatse High Court Judge, Justice Michael Leburu, ruled that the case be withdrawn after Collen Mudara of Kanjabanga and Associates made an application that the case be withdrawn.

But in an interview after the ruling, Seherane revealed that he was shocked to learn of the withdrawal application while in court.

“I don’t even know the lawyer who made the application; I just met him now in court. I had come to the court prepared to testify in the witness box because I can read and write,” Seherane said.
In May this year, Leburu had ruled that Seherane should be in the witness box to give oral evidence to prove his literacy on 6th May. Leburu made the ruling after lawyers acting for Boko and BNF moved an application stating that Seherane is an illiterate person.

“It is really shocking; how does a lawyer withdraw a matter that is before the court without a client’s consent. The court has ruled that I should pay for the costs of the case and even the lawyers for the defendants. I fear that my property will be auctioned. I take an exception to what happened today,” Seherane said. He vowed to challenge Kanjabanga on the latest development, adding that he also intends to approach the court to lodge his complaint.

Contacted for comment, Kanjabanga dismissed Seherane’s assertion, describing him as a liar.
“He is lying; he is aware of the application to withdraw the matter,” said Kanjabanga.

Earlier on Boko’s lawyer, Dumisizwe Mthimkulu of Masire Mthinkulu Attorneys, told the court that they were opposed to the withdrawal of the case saying Seherane should be dragged to the witness box since the matter was already set for hearing.

“We call on the court to call the witness to go into the witness box because perjury may have been committed. The applicant has been bombarding us with applications knowing well that the matter will be withdrawn,” said Mthinkulu.

The lawyer challenged Seherane not to withdraw the case because he had stated on oath that he could read and write. He also implored the court to take into consideration the fact that a certain lawyer had made a certificate purporting that Seherane is literate saying such a matter shouldn’t be left unchallenged.

“The applicant is not entitled to withdraw the matter. There is a certificate by attorney Friday Leburu that the applicant can read and write hence we suspect that perjury may have been committed.

They are scared to prove that the applicant is illiterate. That issue should be put right by calling the applicant to the stand,” he said.

Replying, Mudara told the court that it would be unfair for the court to make a finding at that stage; that perjury has been committed.

“What is before court was an application and an order sought. The court should confine itself to what is before it,” he said.

Leburu agreed with Seherane’s lawyers and ruled that the case be withdrawn.


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