Court of Appeal opens

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court of appealBy Nat Molomo

MASERU — The October session of the Court of Appeal opened on Tuesday chaired by Justice Douglas Scott and three other judges.

This paper understands that the name of Justice Scott is to be gazetted.

The opening session took place in Court One of the Court of Appeal attended by legal practitioners.

Conspicuously absent was the Court of Appeal president Justice Michael Mathealira Ramodibedi.

Ramodibedi, who is locked in a court battle with the Prime Minister Thomas Thabane, was suspended with effect from September 25, 2013.

On Tuesday when the court opened on the bench were Justice Douglas Scott, Justice Craig Howie, Justice Ian Farlam and Justice Wilfred Thring.

According to the Court of Appeal roll, the court will hear 20 appeals from the High Court.

Some of the cases on the roll include the case of Teele Constituency MP Ndiwuhleli Ndlomose of the Democratic Congress (DC) and Doreen Chaoana Mapetla, Lesotho Congress for Democracy (LCD) candidate in that constituency. Following the general elections of May 26, 2012, the LCD candidate filed a petition in court of disputed returns claiming that there had been irregularities on the voting day in that constituency.

The High Court ruled in favour of the LCD. The DC has appealed against that judgment.

The judgment was delivered by Justices Semapo Peete, Teboho Moiloa and Lebohang Molete on April 24, 2013.

In his grounds of appeal, among others, the appellant said the High Court erred and misdirected itself in holding that the non-jointer of the Independent Electoral Commission (IEC) was not so material as to render the respondent non-suited on this ground alone.

The appellant claims that the court which heard the case misdirected itself in making a finding to the effect that the voting station manager committed an illegal practice within the contemplation of the provisions of part 3 of chapter 11 of the National Assembly Electoral Act of 2011.

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