Justice Stephen Kassman this afternoon said he does not have jurisdiction to hear the stay application filed by Don Polye on Sept 15, seeking to stay the re-count of ballot boxes in the Kandep Open seat.
Following the ruling on Sept 6, Polye filed a slip rule application asking the court to re-visit its decision, alleging that the full bench made an error on Sept 6 by ordering a re-count.
He also went before Justice Kassman on Sunday in a special fixture Supreme Court sitting, asking the court to stay that recount.