15.10.14: Attorney General Appeals the Judgement on the Provision of ARV for Foreign Prisoners
On the 3rd of October 2014 The Attorney General(AG) filed its Intention to Appeal and grounds of appeal in the recently decided case as above.
Our Attorneys Rantao Kewagamang were served with the court process. The AG is appealing the judgement which was granted by Sechele J. in its
entirety. Substantively the grounds of appeal amongst others summarily are as below;
• That the court a quo (High Court) misdirected itself in the ruling that foreign inmates should be given ART;
• Interpretation of the court must be found to be invalid as the Judge misdirected himself in holding that such denial as per the Savingram
excluding foreign inmates from HAART was not an executive decision but an administrative one;
• That the Judge erred in ruling that withholding treatment from foreign inmates is unconstitutional and takes away their right to life
• Lastly that such denial is unlawful.
It is anticipated that the appeal will be heard next year in the January 2015 appeal session. BONELA respects the Appellant’ right to appeal and
shall await the judgement of the Court of Appeal. We hope that the court of appeal will find in our favour.
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Cindy Kelemi BONELA Director firstname.lastname@example.org
Keikantse Phele Legal Advisor email@example.com