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Gaolathe, PA parliamentary candidate for the Gaborone Bonnington South constituency in the 2019 general election, is engaged in a legal battle in which a certain Tshenolo Palai opposes that this politician be registered .
The MP had raised preliminary issues of law that the court had to consider before making a determination on the merits of the case. The fact was that his status had previously been determined by the other magistrate because it could not be disputed and the objector could have asked the court to merge the case with the other, since he was aware of it.
Gaolathe's request was rejected on July 18, but his lawyer, Uyapo Ndadi, took note of the authorization and the intention to appeal the decision. He also requested the stay of the proceedings in the appeal.
On Tuesday, Magistrate Makgoro granted both leave and stay
of the pending proceedings.
The reasons for Gaolathe's appeal are that the magistrate erred in baderting that he was not bound by the previous order of the magistrate Mogi Paya in the context of an identical objection in which a gomotho gomotho had also challenged Gaolathe's registration status.
According to Ndadi, the appeal will be heard by the High Court at a date still unknown.
"If Gaolathe succeeds, if he loses, the case will be sent to the Magistrate's Court for a decision on the merits.
In the meantime, he remains on the lists of electors until a decision is made. Once a writ of election has been published, the case will be moot because, according to Article 28 of the Election Law, no changes may be made to the list. election, "said Ndadi.
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