By Nat Molomo
“Dr Kananelo Everrit Mosito was validly reappointed as president of the Court of Appeal with effect from August 1, 2017,” the judgment concluded and set aside the judgment of the High Court replacing it with new orders.
The High Court judgment had earlier, amongst others, found Mosito unfit to hold office.
The Court of Appeal has now directed the acting Chief Justice, to ensure that the swearing in is done as soon as is practicable. Currently the Acting Chief Justice of the High Court is judge ‘Maseforo Mahase, who was appointed after the Chief Justice Nthomeng Majara became entangled in court battle with the Prime Minister Dr Thomas Motsoahae Thabane over her suspension and a plethora of acts of misconducts.
A five-bench judges of the Court of Appeal judgment order says: “The Acting Chief Justice is ordered to swear Dr Kananelo Mosito as president of the Court of Appeal as soon as is practicable.”
This comes in the ruling which was delivered by the Court of Appeal presided by Acting Judge Dr Phillip Musonda. Other members of the bench are acting judge Justice John Zwibili Mosojoane, acting judge Justice November Tafuma Mtshiya, Justice ‘Maseshophe Alidah Hlajoane and acting judge Justice Moroke Mokhesi.
Dr Mosito KC was appointed the president of the Court of Appeal by His Majesty the King pursuant to section 124 (1) of the Constitution published by the Legal Notice No. 12 of 2015.
However, when the new government headed by Dr Pakalitha Mosisili disapproved his appointment, as it came at the time the country was about to go to elections.
After the elections which Dr Mosisili lost, and new government was set in, Dr Thabane succeeded and revoked the appointment of Judge Robert Nugent, who later resigned and indicated that he no longer wished to contest his removal from office.
According to the judgment, Mosito was reappointed in the same Legal Notice No.64 of 2017.
Meantime the four respondents Attorney Qhalehang Letsika, and three Senior King’s Counsel Advocate Karabo Mohau, Advocate Motiea Teele and Advocate Zwelakhe Mda brought the matter to the Constitutional Court challenging the Prime Minister’s advice to His Majesty the King to re-appoint Dr Mosito KC on August 1, 2017 as the President of the Court of Appeal.
According to the judgment, in October 2017 Dr Mosito and the Law Society entered into a deed of settlement with the Acting Attorney-General, which annulled the proceedings, findings and recommendations of the Brand tribunal.
This was made the order of the court on October 18, 2017.
On October 26, 2017 the first appellant (Dr Mosito) was acquitted of all the alleged tax violation charges against him.
The judgment observed some of the prayers raised by the four lawyers regarding the issue of the rights of Judge Nugent, served no purpose as he had resigned and was no longer party to the proceedings before court.
The Appellants were represented by Advocate Tekane Maqakachane assisted by Attorney Khotso Nthontho, and Attorney Monaheng Rasekoai assisted by Advocate Chris J Lephuthing.
Respondents were represented Advocate Roland Suhr assisted by DP. Molyneaux.
“Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.” – Arnold Schwarzenegger
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