Trial for the Hagen Open petition has been further deferred pending a number of motions that need to be heard in the National Court.
Lawyers representing petitioner James Puk, who is disputing William Duma’s election, will return to court next week Monday for directions.
Parties in the petition appeared in court today where the National Court handed down its ruling on two motions.
One of the motions, filed by Hagen Open MP, William Duma, asked the court to dismiss the petition even before the objection motion, which challenges the competency of James Puk’s petition is heard.
The National Court dismissed this motion as it was misconceived.
Judge Leka Nablu said the appropriate avenue to bring such motion is through the competency stage.
She said the election petition rules 2017 are given a higher degree of prominence, and strict interpretation is usually accorded in order to ensure that the sanctity of the election process is preserved.
She said time is of essence and the rules were drafted in that way to ensure that the petitions are heard and determined in a timely manner and avoid the risk of a petition being bogged down with interlocutory applications.
Another motion by Duma, asking the court to restrain Puk and his agents from assaulting or threatening his witnesses, was also dismissed.
New trial dates for this petition are yet to be set.