Serowe North East Member of Parliament, Ndelu Seretse, on Wednesday registered┬áhis first win in a corruption case he is facing┬áwhen Lobatse High Court judge, Zibani Makhwade, dismissed an application brought┬áby the Directorate of Public Prosecution complaining about the way Southern Region Magistrate Barnabas┬áNyamazabo presided over the case.
The DPP’s complaints were,┬áamongst others, that Nyamazabo allowed defence lawyer, Parks Tafa, to cross examine a witness on hearsay evidence, which┬áthey┬ásay is prejudicial to the state’s case.
They also┬áraised a complaint┬áthat the defence lawyer┬áwas allowed to┬ácross examine its witness, Taphudzani Peter Gabolekwe, on questions of law whereas he was a witness of fact.
Further, the DPP complained that Nyamazabo allowed the defence to ask misleading questions during the trial.
Tafa has dismissed the application, saying that it was a delaying tactic on the part of the state, adding that it lacked┬ámerit and should be dismissed with costs.
Dismissing the application, Makhwade said that┬áthe ruling┬áin the case before him was┬áan ordinary ruling┬áin the course of a trial.
“The ruling does not dispense of any issue between the parties,” he said. ”The state still has a remedy; I am of the view┬áthat no special circumstances┬áhave been revealed┬áto warrant intervention of the High Court at this stage.”
On the requests made by defence lawyers for costs, Makhwade declined the request┬ásaying that, “The general rule┬áis that┬ácosts are not┬ágenerally awarded┬áin criminal cases. The Court can award┬ácosts┬áto show disapproval┬áof high-handed conduct┬áamounting to bad faith.”
He said he did not find┬áthat there┬áare exceptional┬ácircumstances┬áto depart from the general rule.
Finally, he ordered that the case should continue at the Magistrate Court .
Seretse and his lawyer, Lawrence Khupe, left the Court in┬ásmiles┬áafter their “victory”.