Seretse wants Keetshabe, Tiroyakgosi and Nlandaa jailed

FNBB and now with the Receiver.

After the state failed to release his funds within the stipulated time, Seretse through his lawyer Kgosietsile Ngakaagae approached the court on urgency asking that AG, DPP and Receiver be jailed for failing to effect the court order.

The case is scheduled to be heard today ( Friday) before Lobatse High Court Judge Gaolapelwe Ketlogetswe. The state has since roped in attorney Tshiamo Rantao for their defense. The case which was to be heard on Tuesday this week was postponed to today to allow for the parties to file their supplementary papers.

According to Seretse the trio is in contempt of court, having willfully and without lawful or justifiable excuse, refused, failed or neglected to obey the court order issued by the court.

He wants the court to order the Commissioner of Police to arrest and to take into custody Keetshabe, Tiroyakgosi and Nlandaa for being in contempt of court “to keep them in police, or Prisons custody, until they comply with the court order of the 4th November

The Respondents’ continued retention of the Applicants’ properties on the basis of the restraining order of 13th December, 2017 be and is hereby declared unlawful.

2020, in UAHGB 000202/ 20, for which this order shall be his and the Commissioner of Prisons’ warrant.”

Last week Justice Ketlogetswe ruled that the Applicants are entitled to the relief they sought. He also agreed with the Applicants that the matter was urgent.

“The Respondents’ continued retention of the Applicants’ properties on the basis of the restraining order of 13th December, 2017 and is hereby declared unlawful.

“The Respondents be and hereby ordered to restore to the Applicants the properties listed as the 2nd Respondent; the 4th Respondent; the 5th Respondent and the 10th Respondent in the restraining order of 13th December 2017 in case No. UCHGB- 000370- 17 within 24 hours of this order,” Justice Ketlogetswe said.

The judge indicated that the 2nd Respondent ( DPP) has only himself to blame for having erroneously thought he can fail to follow a court order and still hope to reap benefits from his failure.

Even if the 2nd Respondent may believe that the Applicants are wrongdoers, the law dictates that even a wrongdoer must be dealt with in accordance with justice and the law, Justice Ketlogetswe said, adding that the Applicants in casu are in no different position and cannot reasonably be expected to expect less from the law.

He explained that the issue before court is whether or not there is legal basis, purportedly founded on the order of court of 13th December 2017 for the continued detention of the Applicants’ properties by the 2nd Respondent ( DPP) through the 3rd Respondent “and the answer to that question is undoubtedly in the negative.”