Judge was Kgosi’s co-accused in the NPF case
The Botswana Unified Revenue Services (BURS) will apply for the recusal of High Court Judge Dr Zein Kebonang in the case in which the former director general of the Directorate of Intelligence Services (DIS), Isaac Kgosi is suing the state for unlawful arrest, BURS lawyers, Rantao Kewagamang Attorneys have revealed.
Justice Dr Zein Kebonang was a co-accused with Isaac Kgosi in the P230 million National Petroleum Fund (NPF) case before they were discharged and acquitted. BURS is convinced that this presents a case of conflict which cannot be left unchallenged.
Justice Kebonang, last week, ruled against BURS after they failed to file and deliver their plea in the case in which Kgosi is suing them P50 million for irregular and unlawful arrest in 2019.
Delivering his order on Monday, Justice Zein Kebonang said BURS “having failed to file and deliver their plea and now having been barred to do so, judgment is entered in favour of the Plaintiff with costs.”
He further ruled, “The damages claim of P50 000 000.00 (Fifty Million Pula) being an unliquidated amount is to be assessed on the 2nd of August 20201@0830 hours.”
Although the order is a victory for Kgosi, he still has to prove the P50 million claim. BURS has however made a counter application requesting to file their pleas out of time.
Chief among their reasons is that they filed late because they had to change legal representatives along the way.