Gaborone lawyer, Mcbain Kaang, has given Gaborone Chief Magistrate 30 days or face a law suit over 16 matters that have been pending before Broadhurst Magistrate Court for an implausibly inordinate time period.
Kaang, in his letter addressed to the Attorney General, said that in invariably all the files they have applied for judgment in cases where defendants have failed to defend the action they have instituted at the instance of their clients. The result of this, he said, is that his clients, Regent Insurance, is without reason being denied justice within reasonable time.
“We regret that we have to consider taking corrective remedial legal action against the very institution that is invested with the authority to dispense justice,” Kaang said.
Before taking this step, Kaang had said that they had “approached your Civil Registry in respect of the delayed delivery of judgments, especially where the matters are unopposed but in vain”.
“We are persistently given untenable excuses that the system is down, alternatively that the files cannot be located.”
In one of the matters, they applied for judgment in June 2012 and Kaang says that there is no justification whatsoever that they have not yet been given the judgment or told why that cannot be granted.
In the letter, Kaang says that the delay “has hampered our efforts to get timeous justice for clients and would reflect that we are unable to discharge our mandate”.
“It is only logical that we stand to be adversely affected in our operations in the event client withdraws instructions for the sensible reason that we are unable to deliver in time.”