new aritcle in african "observer" newspaper , page-14

All,

I would not give much weight to the newspaper article. As some people have already commented, the Windhoek Observer's coverage of the court battle has been one sided since day one. In fact, it has been suggested that Malakia's girlfriend works for this newspaper. No kidding!

I think we can all take comfort from the following:

- If the article is correct, Kasuto still missed the cut-off date (6 December) set by the court for responding to the Registrar's letter. This would be frowned upon by the Court;

- Even Malakia's own senior counsel, you may recall, distanced himself from the Notice of Irregularity as reported in The Namibian newspaper a few weeks back:

"As a result of Kasuto and his client?s battle against the Supreme Court judgement, a senior advocate, who formed part of Amaktuwa?s legal team during the Supreme Court
proceedings, officially distanced himself from the actions

In a letter to the Supreme Court on November 10, the senior Windhoek advocate criticised Kasuko?s attempts to ?seek to arrange an audience with you [Chief Justice
Peter Shivute] for purposes of lodging an objection to the judgement given ...? The advocate wrote that he wished to ?place on record that I distance myself, in terms
that I cannot emphasise strongly enough, from the above action and objection. The course taken by [Amakutuwa] was not discussed with, nor approved by me?. The advocate concluded by saying that ?the Namibian Supreme Court has always maintained impeccable standards of integrity and impartiality and the hearing of the above matter was no exception to this proud tradition?;


- This is the first time that Kasuto and Malakia have indicated that they are willing to negotiate a deal with MLS. A few weeks ago, they wanted the whole box and dice.
(In any event, I think it is highly unlikely that MLS will offer Malakia anything. Firstly because he has absolutely no leverage. Secondly, Malakia still needs to reimburse the company for their High Court and Supreme Court costs);

- Finally and perhaps most importantly, Judge ORegan has already effectively rejected Kasuto's argument re "compromise agreement" that formed the basis for the Notice of Irregularity, after reviewing the transcripts of the oral arguments and consulting with the Chief Justice (as detailed in the Registrar's letter to Kasuto).

CHECK MATE!