Isaiah Morewagae
29 September 2008
A Lobatse High Court judge has restrained the Botswana government from implementing its decision to impose 30 percent levy on alcoholic beverages. Justice Unity Dow, suspended the implementation after a state attorney told the court that they have requested Chief Justice Julian Nganunu to exercise his powers, under Section 6 of the High Court Act, to constitute a bench comprising more than one judge to deal with this matter. "Latter having acceded to that request, this matter has to be adjourned to a date on which such a panel can sit," Justice Dow said.
Pending an order to the contrary by the panel of three judges currently being constituted by the Chief Justice, Dow made an order that the status quo be preserved.
The attorney for the applicant made an urgent application before court the new 30 percent levy be suspended pending the consultation process that the government promised when it announced that it was to implement the 70 percent on alcoholic beverages.
They accused government of somersaulting on its decision having agreed with both Kgalagadi Breweries Limited (KBL) and Botswana Breweries Limited (BBL) to the adoption of National Alcohol Policy. Dow has ordered that the respondents to file and serve their Answering Papers, whether they be Answering Affidavits and/or Points of Law, by October 17, 2008. Then on October 31, the applicants to file and serve their replying papers.
The applicants are to file their supplementary heads by November 7 and the respondents to file supplementary heads by November 14. The applicants are to file their replying or final heads by November 21. The applicants are to paginate the court record by November 28.
Assistant Attorney General Tshepho Motswagole represents the respondents while Armstrong attorneys Sipho Ziga and Grey Higgins together with South African advocates Jeremy Gauntlett and Steven Kury represent the applicants.
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