appeal of Kobedi before the Botswana Court of Appeal at the instance of the
Registrar of the High Court of Botswana. The Respondent State argues that
though Kobedi accepted to have them as his legal representatives, they were not,
as it were, the personal choice of Mr. Kobedi.
61.
The Respondent State submits that the Communication dated 11 July 2003
and addressed to the African Commission was signed by Kobedi. However, it
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argues that paragraph 15 of the Complainants written submissions on
Admissibility sent by Email on 4 March 2004 lists the two lawyers as the authors
of the Communication. The Respondents State assert that the said written
submissions, do not, indicate to the African Commission the legal interest that
Messrs Brain Spilg SC and Unoda Mack, jointly and severally, have in the
Communication such that they should assume authorship of it, and the basis and
source of that legal interest. The Respondent State argues that, instead, what
Brain Spilg SC and Unoda Mack attempt to do in paragraph 3-14 of the
submissions on Admissibility is to make a case for the African Commission to
hear a matter originated by the deceased.
62.
The Respondent State adds that Brain Spilg SC is a national of a foreign
country, and as such, the only connection he has with Botswana is in relation to
the privilege accorded him by Botswana to appear before her Courts. The
Respondent State therefore questions whether Brain Spilg SC has any legitimate
legal interest in the affairs of the country?
63.
The Respondent State further argues that neither the laws of Botswana nor
international laws incorporate the actio popularis doctrine. Consequently, Messrs
Brain Spilg SC and Unoda Mack must demonstrate a sufficient legal interest in
the Communication for them to possess locus standi to author it. The Respondent
State contends that in adhering to the African Charter, it did not understand that
11