Justice Singh Walia concluded that there was negligence in the Attorney General’s Chambers in dealing with the matter timeously. In advancing reasons for late filing, the AG wrote: “I did, soon following the delivery of the judgment aforesaid, become aware of its existence.
I also read it, formed the view that the learned judge was, with respect, wrong in the findings he made, particularly the conclusions of law he came to, and determined that the judgment ought to be appealed to this court "I was not aware that my subordinates had not appealed it.
This occurred because I assumed that my subordinates would appeal it as I had on previous occasion informed them that as a matter of policy, all judgments against the State which have constitutional and/or public policy implications must, as a matter of course, be appealed so that the last word the questions involved in those matters should be of this court and not the High Court so that the government may finally be guided on those questions.” According to Walia, the AG takes no personal responsibility in the matter, even in the face of becoming aware of the judgment complained of. “He places blame on some nameless ‘subordinates’ who did not do what is required of them.
Not only are the subordinates not named but no confirmatory affidavits have also been filed, nor is there an explanation of what action, if any, the AG himself took on becoming of the judgment,” the CoA judge said. Walia added in the circumference of the case that even if the standard of exceptional circumstances had been met, the applicants would have been hard-pressed to show prospects of success, let alone very strong ones. He stated that the court found the manner of invocation of the relevant standing orders was dubious.
Walia also said the AG also handled badly the application for a postponement with bad motivation as well as a breach of rules. According to court papers, on April 8, 2020, an emergency meeting of the National Assembly was convened to deal with issues arising from the declaration of a State of Emergency (SoE) on account of the COVID-19 pandemic.
In the course of the debate, Saleshando questioned the need for the SoE and expressed a view that the exigencies of the situation could be met by strengthening the Public Health Act. He expressed the view that the SoE was employed to aid corruption. The leader of the house, Slumber Tsogwane, took umbrage at the respondent's comments.
The Speaker was on July 28, 2020, asked by some members to eject Saleshando from the House. In seeking to invoke his powers under Standing Order 60.4, the Speaker called upon the Whip present in the House, in this case, the Opposition Whip, to move that Saleshando be suspended from the services of the National Assembly.
While Dithapelo Keorapetse refused, Liakat Kably would then come and moved the motion which led to Saleshando being suspended for a week. Saleshando won the case at the High Court as Justice Gabriel Komboni ruled that the Speaker was wrong to invoke the Standing Order against Saleshando. They would then file their application seeking leave to the Speaker and the AG to appeal out of time.
