CoA President delivers IEC Judgment today
Justice Tebogo Tau, the President of the Court of Appeal (CoA), is today scheduled to deliver a judgment in the case in which the Independent Electoral Commission (IEC) has sought an expedited appeal against the order issued by the Francistown High Court.
The appeal revolves around the decision made on November 10 by Justice Gaolapelwe Ketlogetswe, permitting the Umbrella for Democratic Change (UDC) to observe and monitor the voter registration exercise.
During arguments, Advocate Duma Boko, representing the UDC, contended that Justice Ketlogetswe's order was not subject to appeal. He pointed out that the applicants, IEC, themselves acknowledged in their founding affidavit that the order they intended to appeal was interim.
Should the order be deemed appealable, Boko emphasised that the CoA should consider that the applicant did not seek the Francistown court's permission, as required by Section 11 of the Court of Appeal Act, to appeal the interim order.
In contrast, the IEC’s attorney, Advocate Andrew Redding, argued that Justice Ketlogetswe's order warranted an appeal due to what he perceived as a misinterpretation of both the country's Constitution and the Electoral Act.
He asserted that the order effectively amounted to amending the Electoral Act, an action deemed unconstitutional since only Parliament holds the authority to amend or formulate legislation.
Redding contended that the order was appealable, citing its failure to include other stakeholders in the electoral process. Redding expressed concerns about UDC observers collecting voters' personal details, emphasising the potential far-reaching consequences.