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CoA has no jurisdiction to entertain UDC appeals – BDP lawyers

In an interesting turn of events, the Botswana Democratic Party (BDP) and Independent Electoral Commission (IEC) attorneys have this week moved swiftly to denounce the opposition Umbrella for Democratic Change (UDC) petition appeals citing no jurisdiction by Court of Appeal to entertain such.

The BDP attorney Busang Manewe of Bogopa, Manewe, Tobedza & company had therefore sought relief for the highest court to dismiss the appeals. “The BDP (excluding the IEC) shall pray for the dismissal of these appeals with costs of two counsel,” the lawyer pointed out in preliminary points filed with court, a copy of which has been passed to Weekend Post. Manewe asserted that “there is no statute that confers the Court of Appeal with jurisdiction to entertain these appeals and therefore the decisions of the High Court in these matters cannot be interfered with.”

No appellate court has an inherent jurisdiction to take appeals from judgements and orders of a lower court, he said in court papers adding that such jurisdiction can only be conferred by statute, but none has been conferred on the Court of Appeal with respect to these matters. “Consequently, the decisions of the High Court with respect to the petitions of the above appellants are final and cannot be appealed as the Court of Appeal has no jurisdiction to entertain the appeals arising therefrom,” the BDP attorney emphasised. 

He highlighted that the only appeal that the Court of Appeal can entertain is the matter of Aubrey Tumelo Ramatsebanyana, which appeal relates to a local government election to the extent that the jurisdiction to entertain an appeal for a council seat is not excluded by section 106 of the constitution.

Manewe said this in a matter in which 14 UDC Member of Parliament ex candidates in 2019 National Elections being: Duma Boko, Kenneth Segokgo, Victor Phologolo, Nelson Ramaotwana, Mpho Pheko, Ketlhalefile Motshegwa, Moagi Molebatsi, Olebogeng Watshipi, Mohammed Khan, Onthatlhile Selatlho, Patrick Mmulutsi, Marcus Chimbombi, Haskins Nkaigwa and Sam Digwa are appealing election petitions which were dismissed by the High Court recently.

The lot are appealing against the IEC and the dismissed petitions pertaining to the electoral victory of Annah Mokgethi, Thulaganyo Segokgo, Lemogang Kwape, Meshack Dumezweni Mthimkhulu, Tumisang Healy Mangwegape, Phuthego Modise, Christian Greef and Mabuse Mompati Pule. In another appeal Olebogeng Gilbert Watshipi, Mohammed Khan, Ontatlhile Justin Selatlho, Patrick Dibere Molutsi are also querying the win of Naniki Makwinja, Oabile Ragoeng, Liakat Kablay, and Eric Molale.

Haskins Nkaigwa, Micus Chimbombi, Sam Digwa are also appealing their petition against Mpho Balopi, Justice Brooks and Slumber Tsogwane. According to Manewe, the said UDC appellants were candidates for 2019 general election as members of the National Assembly and their petitions are those matters contemplated by section 69(1) of the constitution and instituted in terms of the Electoral Act CAP 02:09.

In these petitions, the lawyer explained that the UDC sought a determination by the High Court that the BDP (excluding IEC) were not validly elected to Parliament and consequently that their seats should be declared vacant. Aggrieved by the decisions of the High Court in dismissing their petitions, Manewe stressed that the UDC appellants have approached the Court of Appeal for orders setting aside the decisions of the High Court arising from the latter’s exercise of its powers under section 69(1) of the constitution.

Section 69(1)(a) of the constitution, BDP Counsel said it empowers the High Court with jurisdiction to hear and determine any question whether: any person has been validly elected as an elected member of the National Assembly; or the seat of any such member has become vacant. The said appellants, he said, “purport to approach the Court of Appeal as of right which in terms of section 106 of the constitution, section is expressly excluded. By virtue of section 106 of the constitution, section 10 of the Court of Appeal Act CAP 04:01 is also inapplicable.”

In terms of section 106 of the constitution of Botswana, Manewe explained that an appeal shall lie as of right to the Court of Appeal from any decision of the High Court which involves the interpretation of the constitution, other than a decision of the High Court under section 69(1) of the constitution. Additionally, “the UDC appellants cannot avail themselves of the provisions of section 11 (a) – (e) of the Court of Appeal Act which provisions confer the Court of Appeal with jurisdiction to entertain appeals,” the BDP attorney pointed out.

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Khan: Boko, Masisi are fake politicians

18th January 2021
Masisi & Boko

While there is no hard-and-fast rule in politics, former Molepolole North Member of Parliament, Mohamed Khan says populism acts in the body politic have forced him to quit active partisan politics. He brands this ancient ascription of politics as fake and says it lowers the moral compass of the society.

Khan who finally tasted political victory in the 2014 elections after numerous failed attempts, has decided to leave the ‘dirty game’, and on his way out he characteristically lashed at the current political leaders; including his own party president, Advocate Duma Boko. “I arrived at this decision because I have noticed that there are no genuine politics and politicians. The current leaders, Boko and President Dr Mokgweetsi Masisi are fake politicians who are just practicing populist politics to feed their egos,” he said.

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Ookeditse rejects lobby for BPF top post

18th January 2021
LAWRENCE-OOKEDITSE

Former Botswana Democratic Party (BDP) parliamentary hopeful, Lawrence Ookeditse has rejected the idea of taking up a crucial role in the Botswana Patriotic Front (BPF) Central Committee following his arrival in the party this week. According to sources close to development, BPF power brokers are coaxing Ookeditse to take up the secretary general position, left vacant by death of Roseline Panzirah-Matshome in November 2020.

Ookeditse’s arrival at BPF is projected to cause conflicts, as some believe they are being overlooked, in favour of a new arrival. The former ruling party strategist has however ruled out the possibility of serving in the party central committee as secretary general, and committed that he will turn down the overture if availed to him by party leadership.

Ookeditse, nevertheless, has indicated that if offered another opportunity to serve in a different capacity, he will gladly accept. “I still need to learn the party, how it functions and all its structures; I must be guided, but given any responsibility I will serve the party as long as it is not the SG position.”

“I joined the BPF with a clear conscious, to further advance my voice and the interests of the constituents of Nata/Gweta which I believe the BDP is no longer capable to execute.” Ookeditse speaks of abject poverty in his constituency and prevalent unemployment among the youth, issues he hopes his new home will prioritise.

He dismissed further allegations that he resigned from the BDP because he was not rewarded for his efforts towards the 2019 general elections. After losing in the BDP primaries in 2018, Ookeditse said, he was offered a job in government but declined to take the post due to his political ambitions. Ookeditse stated that he rejected the offer because, working for government clashed with his political journey.

He insists there are many activists who are more deserving than him; he could have chosen to take up the opportunity that was before him but his conscious for the entire populace’s wellbeing held him back. Ookeditse said there many people in the party who also contributed towards party success, asserting that he only left the BDP because he was concerned about the greater good of the majority not individualism purposes.

According to observers, Ookeditse has been enticed by the prospects of contesting Nata/Gweta constituency in the 2024 general election, following the party’s impressive performance in the last general elections. Nata/Gweta which is a traditional BDP stronghold saw its numbers shrinking to a margin of 1568. BDP represented by Polson Majaga garnered 4754, while BPF which had fielded Joe Linga received 3186 with UDC coming a distant with 1442 votes.

There are reports that Linga will pave way for Ookeditse to contest the constituency in 2024 and the latter is upbeat about the prospects of being elected to parliament. Despite Ookeditse dismissing reports that he is eying the secretary general position, insiders argue that the position will be availed to him nevertheless.

Alternative favourite for the position is Vuyo Notha who is the party Deputy Secretary General. Notha has since assumed duties of the secretariat office on the interim basis. BPF politburo is expected to meet on 25th of January 2020, where the vacancy will be filled.

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BDP cancels MPs retreat

18th January 2021
President Masisi

Botswana Democratic Party (BDP) big wigs have decided to cancel a retreat with the party legislators this weekend owing to increasing numbers of Covid-19 cases. The meeting was billed for this weekend at a place that was to be confirmed, however a communique from the party this past Tuesday reversed the highly anticipated meeting.

“We received a communication this week that the meeting will not go as planned because of rapid spread of Covid-19,” one member of the party Central Committee confirmed to this publication.
The gathering was to follow the first of its kind held late last year at party Treasurer Satar Dada’s place.

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