AOJ PRESENTS TO PAC Acting Registrar and Master of the High Court, Mr Michael Motlhabi says forum shopping cases will be a thing of the past once the withdrawal rule comes to effect. Mr Motlhabi informed the Public Accounts Committee (PAC) that once it was effected, no court shall be allowed to forum shop. “Forum shopping, a situation where cases have been withdrawn by either plaintiffs or legal representatives from certain courts in preference of other courts, has brought a lot of speculations on bribing in the legal arena,” he said. PAC member, Mr Prince Maele had requested the accounting officer to clarify the issue on forum shopping, saying there had always been speculation that some magistrates and judges were receiving money from plaintiffs and legal representatives in return for favour of hearing their cases. Mr Motlhabi told the PAC that once a case has been registered, it would be allocated a court. “It is only when the plaintiff or legal representative brings forward requests for withdrawal of the case from that particular court that their case can be considered,” he said. He added that it was only upon considering the reasons for the request of case withdrawals that their cases could be forum shopped. Mr Motlhabi also told the PAC that the Administration of Justice was considering employing more court bailiffs who would be working with the small claims court. He said the AoJ was looking into engaging more court bailiffs who would be involved in the service of summons processes. Mr Fidelis Molao had asked the accounting officer what action the AoJ intends to take with regard to service of summons to defendants who live far from the plaintiffs, instead of the small claims courts taking responsibility. Mr Molao had also said it was not economically viable for a plaintiff who was owed to use their own resources to follow up the defendant when the small claims court could take the responsibility to service summons. (BOPA)
Posted on: Mon, 09 Jun 2014 04:34:04 +0000
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