Botswana Movement for Democracy’s court application, in which they were challenging their ejection from the Umbrella for Democratic Change (UDC), was this week dismissed with costs, a decision taken unanimously by a panel of three judges.
The much anticipated court verdict was dramatically delayed after the court staff printed the wrong version of judgment. The High Court upheld BMD’s expulsion by UDC before recognizing Botswana Congress Party (BCP), as a full member of the umbrella project. Since its acceptance in the UDC, BMD has never been at peace with BCP inclusion claiming that they (BCP), were out to grab their (BMD) constituencies and this was part of the politically charged court case.
The BMD argued that the UDC decisively ignored the constitution and failed to follow the right structures when expelling it. When countering the BMD argument, UDC said BMD was irrelevant by saying its expulsion was unconstitutional because the same constitution they interpreted clearly indicates that the constitution allows for restricting of the National Executive Committee (NEC) body.
When passing a judgment, the Gaborone High Court quashed the BMD claim saying the party which is led by veteran lawyer Sidney Pilane, failed to produce a legal and credible case to convince the courts. A vividly jubilant UDC president Duma Boko, welcomed the judgment stating that, “when I speak about this matter I speak with potency and authority. I have fought this battle and I have all the scars of this battle!”
However, for Pilane it is not over yet as he is not conceding to a defeat by UDC. “I think we will file an appeal application tomorrow (Friday),” Pilane told journalists after the much anticipated judgment. Last month Pilane lost another case involving the UDC, in which he wanted the party president Boko, to be struck from the voters’ roll because he had not registered at his residential place. In this case, the UDC was represented by South African senior counsel Kennedy Paul and senior counsel, public speaker, author and political activist, Tembeka Ngcukaitobi. BMD and its leader Pilane, on the other hand were represented by South African senior counsel Alexandra John Freund, as they battled it out in court.
BMD SUBMISSION BY SC ALEXANDRA FREUND
In their heads of submission, Freund said in expelling the BMD, the UDC decisively ignored the constitution and failed to follow the right structures. He stressed that the body which purported to suspend and expel the BMD from UDC styled itself as the NEC. The South African attorney further said that the structural body was not part of the NEC and had no power to suspend or expel the BMD from UDC.
Freud, also submitted that the body which purported to take the offending decisions has not been elected by UDC constitutional structures, therefore it is not constituted. “The only entities of the UDC which could have authority under the constitution, in justifiable circumstances, to suspend or expel a member of the UDC are its NEC, which it made provisions for and constituted in terms of the UDC registered.” He therefore emphasized that the suspension and expulsion decisions were not taken by the Umbrella Negotiating Team (UNT), since it has not operated or existed since August 2012.
The South African senior counsel further narrated and submitted to the court, that prior to taking the decision to suspend and expel BMD, the Presidents and Secretary Generals of the BMD and BPP, were not present and did not have prior notice of the meeting at which these decisions were taken.
“Similarly, neither the BMD President and Secretary General and none of the 5 Conveners of the Negotiation Process participated in the body which purported to be the NEC and in the taking of the impugned decisions, nor did any of them have notice of the offending meetings; both of which invalidated the meetings and the decisions there made.”
Freud said the reasons given for the decisions to suspend and expel the BMD from the UDC, are ostensible and false, the true reason being; an unlawful conspiracy by the BCP and BNF to take the 14 constituencies allocated by the UDC to the BMD in which the party (BMD), will present its members as UDC parliamentary candidates in the 2019 general elections.
Freund then questioned UDC constitutional affairs. “The UDC has not, since its inception, held an elective congress and has never given notice of an intention to hold such a national congress as is required by Article 220.127.116.11 of the UDC registered Constitution,” he said.
UDC’S COUNTER ATTACK BY SC KENNEDY PAUL AND THEMBEKA NGCUKAITOBI
The UDC lawyers evidently held the BMD case in derision. Paul, told the court that it has no interest in participating in the expulsion of the BMD. “What we have here is a political situation, and with all due respect, it is unrealistic to seek the court to interfere in political matters,” he said. Paul said that BMD’s submission that the UDC failed to abide by the constitution and allowed the wrong structural bodies to make a decision in expelling the BMD, was irrelevant as the same constitution they interpreted clearly indicates that the constitution allows for restricting of the NEC body.
Adding to Paul’s arguments, Ngcukaitobi pointed out to the court that the applicant failed to establish a case on the basis of its suspension and that UDC has before expelling the BMD used the right body, structures and processes. “The political party should be allowed to run its course, this court has no interest in participating in the expulsion of the BMD. Therefore, we move that this application be dismissed and with costs,” Ngcukaitobi said.
Ngcukaitobi also stressed that indeed all the constituents’ members were present when taking the decision to suspend and expel the BMD. He emphasized that the right decision was taken by the right structures and the right procedure was followed. “The UDC was dealing with a BMD that has split. There has been an internal squabble in the BMD. There was chaos inside the BMD, the BMD has always provoked other members, and its leader is provocative,” said Ngcukaitobi.
The South African young lawyer further emphasized that the process followed indicates that whatever decision was taken, shows that it was a dialogue since 2017, and there was no bias. “On the 11th of November 2017, Pilane was reprimanded in the internal meeting for making toxic pronouncements, but on the 11th of October last year, he denied everything. This was after a meeting on the 18th of September, in which the UDC condemned and blamed their Moshupa-Manyana by-election loss on BMD. Chaos within the BMD is spilling over to UDC, hence the need to take a decision,” Ngcukaitobi reminded the court.
In conclusion, Ngcukaitobi casted doubt on Pilane working together again with UDC, saying political alliance should be based on trust. He insisted that: “What has been politically broken cannot be legally fixed. We have a pointless application here. What we have here is the highest form of breakdown between these two parties. Dismiss the case and ask them to pay the costs.”
In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).
The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.
Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.
Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.
The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.
This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).
The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.
The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.
In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.
Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.
Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.
“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.
Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.
“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.
The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.
UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.
Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.
Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.
Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”
Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.
FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS
With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.
BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.
BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.
It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.
Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”
It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.
At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.
Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.
Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.
BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.
The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.
By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.
In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.
“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.
“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.
The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.
All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.
“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.
Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.
Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.
COVID-19 RAVAGES POLICE
As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.
“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.
The cops further complain about that working spaces are small, as such expose them to contact the virus.
“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.
The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.
“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.