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Who will be on the Court of Appeal bench to hear & determine IEC appeal against UDC? *ADAM PHETLHE It is generally agreed that the case between Umbrella for Democratic Change (UDC) and the Independent Electoral Commission (IEC) is that of exceptional public importance. As a consequence, the case has so far generated a lot of public interest in terms of looking at all its optics. I predict exceptional public interest will continue way beyond the conclusion of the case. So who amongst the present Justices of Appeal will make the cut? It is difficult to say with a measure of certainty who will make the cut but to predict. Depending on the number of Justices required for this expedited appeal, I predict the following to make the cut. Justices Tebogo Tau, Isaac Lesetedi, Mercy Garekwe, Lackvinder Singh & Leatile Dambe. Former South Africa Constititional Court Justice Bess Nkabinde could also make the cut. All the above local Justices have sat on the bench in high profile cases notably last year's DIS appeal with respect to the search warrant for State House 4, the 'contested' official residence of former President Khama. In this case where there were 5 Justices, Justices Tau, Lesetedi & Singh ruled against the DIS while Justices Garekwe & Dambe dissented. It is my belief that Justices decide matters based on what evidence/facts are before them. That some ruled this or the other way in previous cases is, for lack of a better word, inconsequential. The Chief Justice has sat on some appeal cases I have had sight of. I think he will be disqualified in this one because he is party to an application on another leg of the UDC/IEC case. It will be interesting to see if Justice Tau will make the cut owing to a comment she made when delivering judgement on Wednesday with respect to IEC's request to have its appeal expedited. That comment (and I am paraphrasing) had to do with the intrusive nature UDC’s observers would cause if allowed to observe & monitor voter registration exercise. I believe this comment has already rendered her conflicted to sit in the upcoming appeal proceedings. Time will tell as to who will be on the bench when the appeal proceedings begin on Monday 11 December 2023. Or, will it be new faces? ... See MoreSee Less

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