Oarabile Mosikare
14 April 2008
Gaborone — A tug-of-war erupted at the High Court between two lawyers over a pro deo client. Morris Ndawana of Ndawana and Company and Richard Josiah of Josiah and Company appeared before Justice Thomas Masuku for Isaac Phiri.
Josiah was holding a brief for Maphakwane and Partners. Confusion developed when Ndawana told the court that he had been harbouring the impression that he was representing Phiri. According to the notice set down, Ndawana was supposed to represent Phiri. The confusion led Justice Masuku to quip that Josiah and Ndawana should get into a boxing ring and sort each other out. Phiri and four others are facing two counts of robbery and murder. It is alleged that on August 29, 2004, in Selebi-Phikwe, they murdered Ranchi Maramane and robbed Progress Holdings of Botshabelo township.
It was not the first time there was a reign of confusion at the High Court regarding the legal representation of a pro deo client. Earlier this month, there was confusion over the legal representation of Raymond Leshomo, who is jointly charged with Arnold Mashango for the murder of Mario Lottering on May 27, 2006, near Mupane Gold mine in the North East administrative district. Mothusi of Mothusi and Company had been appointed a pro deo counsel for Leshomo before Charles Tlaagae took over the matter. In this matter, the notice indicated Mothusi and Company but Justice Moses Chinhengo wanted to know if in practice the Registrar and Master of the High Court hands the case to a specific lawyer or a company.
David Moloise of Mothusi and Company replied that in fact the cases were supposed to be allocated to a specific lawyer, not a company. He added that in the Northern administrative district the practice was to allocate the cases to a company.
It is not only criminal cases that usually affect the organisation of trials at the High Court. Recently, Chief Justice Julian Nganunu issued deadline for the filing of documents with High Court registries that shall have been effected from April 1. Nganunu observed that the increase in litigation has kept High Court registry staff extremely busy on registration only, leaving no time for them to deal with and file documents that they have received for the day.
In his practice note to all legal practitioners, Attorney General and all litigants, the Chief Justice noted that the current practice of filing documents in the High Court registries is for attorneys and litigants to file their documents from 7.30am to 4.30pm; that is throughout the working day and except for the lunch hours. "This resulted in an accumulation of unfilled documents with the result that such documents are not on the file when it is taken to a judge and to court," he said. He also said that most practising attorneys have complained after being embarrassed before court, at time or another, as their documents would be missing from their files. This position, he stated, was discussed with representatives of attorneys on September 27, 2007 and the change contained herein agreed.
To manage registries efficiently, Nganunu said it has become necessary that registration of documents takes place only between 7.30am to 12.45pm and the balance of the working day be utilised by registry staff in electronically docketing, scanning and filing all the registered documents of the day. This would ensure that all documents registered in a day would find way to the appropriate file the same day and be available for use the next day.
He advised all attorneys and litigants to note the changed times and cooperate, accordingly. "Kindly note that under no circumstances shall documents be received by registries outside the stipulated times except for urgent applications or in situations authorised by the Registrar."
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