Duma Boko is spot on

| Tuesday February 12, 2008 00:00

One can relate to many a case and as recently as January 2007 the case of Phala Vs AG AND SPSM. A public officer was dismissed on 20/10/03  when the law was quite clear on matters of a fair hearing. The Court of Appeal approximately three years later having received an appeal from the Francistown High Court which had ruled in favour of the AG, reversed decision and ordered that the officer be reinstated and costs ordered against the AG/DPSM.

The Francistown Judge, a young Motswana and former classmate to the appellant failed to recuse himself (he was not called upon to do so but one would think of him recusing himself), failed to pick up on the law and interpretations of the statute  Public Service Act CAP 26:01, principles of law audi alteram partem rule and the wealth of local case law Sarah Mmmoniemang Mothusi Vs AG CA 15/93 - lawyer Lyndon Mothusi's mother, Pamela Nasha Vs AG and Another 2001 BLR (1) - (Nasha now DO Tonota) and Mpho Maine Vs DPSM Misca 248/2005 (ex wife of the former Ombudsmans).

Incidentally the officer in Phala's case was dismissed from the Ombudsmans office.
If only your paper could have a column were some of the decided case are laid out for the public to know. A lot takes place in our courts with very little reporting. The law has become a domain of the few learned fellows and access of case law from the High Court is like trying to get the keys of Fort Knox. Ke bua eng tota because getting a list of Attorneys from the law society, the Registrar of the High Court is like trying to break out of Guantanamo Bay.
 
Johnson Serema