Justice Kirby is reported to have declined to recuse himself from the BDP case to be heard starting today.
Lawyers acting for the suspended BDP secretary general Gomolemo Motswaledi had made an application calling on Justice Ian Kirby to recuse himself from the case.
A senior Judge Kirby, who is also a former Attorney General, is considered a close friend of President Ian Khama ÔÇô a relationship that goes back many years when Khama’s father Seretse was State President and leader of the BDP.
Although the case was initially allocated to judge Key Dingake, a panel of three judges composed of Chief Justice Julian Nganunu, Kirby and Isaac Lesetedi has since replaced Dingake.
However it is understood that the Kedikilwe/Kwelagobe faction traditionally known as Barata-Phathi are against the inclusion of Kirby in the panel of judges to hear the case.
Motswaledi’s lawyers want Kirby replaced by Dingake, who as they put it was picked by the computer.
Motswaledi wants the High Court to review Khama’s decision as well as reinstate him as the party’s parliamentary candidate. Further more Motswaledi wants the court to stop the BDP from holding primary elections at Gaborone Central.
The case has polarized the ruling party factions with party members aligned to the A-Team and Barata-Bathi factions vowing not to vote against each other’s candidates in the up coming October General Election.