Opposition Botswana Congress Party (BCP) has filed a notice calling for the court to suspend the current “unlawful” parliament on urgency basis.
The party through its dual legislators; Selibe Phikwe West law maker Dithapelo Keorapetse as well as Ramotswa Member of Parliament Samuel Rantuana says the parliament is unconstitutional and therefore, in particular, the current President Mokgweetsi Masisi is not a substantive president.
Through its esteemed attorney Martin Dingake of Dingake Law Partners, they state that the Speaker of the National Assembly Gladys Kokorwe has therefore, against the constitution, failed to convene parliament for the election of the president seven (7) days after Lt. Gen. Dr. Seretse Khama Ian Khama resigned. Upon Khama’s resignation in March 31, Masisi then as per automatic succession, assumed the presidency of the country on April 1, 2018.
“The National Assembly, as represented by Kokorwe, has declined, failed and refused to exercise its singular powers (for parliament to dully elect the president) under the relevant provisions of the constitution,” Dingake on behalf of the duo, and the party, stated in the filing notice before High Court, a copy of which has been passed to Weekend Post.
The BCP says “the Speaker of Parliament and Attorney General have failed, neglected and/or refused to meet within the set (seven) 7 days and to respond to the correspondence (from the party).” The party contend that the application before court therefore is to address the alleged constitutional violation by the Speaker of Parliament and seek the Court’s intervention in; directing that the ordinary rules relating to form, time and service be dispensed with and that this matter be heard as urgent.
They also want court to direct that “pending the final determination of the relief sought in: Parliament be suspended.” Dingake said in the filing notice that the court should declare that following the assumption of Office of President by Masisi under Section 35 (1) of the Constitution the Speaker of the National Assembly is constitutionally required to convene the National Assembly for purposes of Sections 35 (4) and (5) of the Constitution of Botswana.
“The court should also declare that the National Assembly is constitutionally prohibited from sitting and or conducting business for any purposes other than that of Sections 35 (4) and (5) of the Constitution of Botswana,” he stated. On April 1st, 2018, Dingake on behalf of BCP once again by operation of Section 35 (1) of the Constitution, said Masisi assumed Office of President of the Republic of Botswana but he did not assume the functions and duties of that office.
“I reiterate that since the day of the inauguration of Masisi, the National Assembly has convened on every working day since April 4th, 2018. On the April 4th, 2018, the National Assembly convened to endorse and swear in a Vice President Slumber Tsogwane that was nominated by Masisi. It is clear that the National Assembly is not prorogued or dissolved at this stage and should adhere to the Constitution obligation to convene for purposes to elect a President.”
According to the party, currently in terms of the law, there is no president in Botswana. The BCP Secretary General Akanyang Magama stated in the party filing affidavit before the court that: “I am advised by my attorneys of record which advice I verily believe to be true and correct that the office of the President is currently vacant due to the failure to implement the constitutional requirements of Section 35 of the constitution.”
According to the BCP as represented by law expert Dingake; in its passive non-compliance with the provisions of Section 35 of the constitution, as read in its entirety, the Speaker of Parliament undermines the foundational value of supremacy of the constitution and the rule of law.
“In as far as the Speaker Kokorwe has not complied with the mandatory provisions of Section 35 (4) of the Constitution; the continued exercise of presidential functions and duties by President Masisi is not sanctioned by a valid parliamentary process, and is ultra vires the constitution,” the party emphasised through their highly valued attorney.
The attorney points out in the court papers that: “it is important to note that per Section 57 of the Constitution, “parliament” comprises of the National Assembly and the President. For there to be a lawful parliament, the two (National Assembly and the President) need to be enjoined by the endorsement process, in this instance, as prescribed under section 35 of the constitution.”
They continued: the failure by Kokorwe to conduct an election of the President (dully) in terms of Section 35 (4) of the Constitution renders parliament, as currently is construed as it is unlawful. According to Magama, the BCP Secretary General, by way of a letter, dated April 10th, 2018; he instructed his attorneys to remind the Speaker of the National Assembly’s constitutional obligation and called upon her to convene the National Assembly to elect a person to the office of President, the warning which Kokorwe failed to take heed of.
In the letter the BCP warned Kokorwe that “our clients opine that there are four (4) types of Presidents envisaged under the Constitution, and these are; a Section 32 President; a Section 35 (1) President; a Section 35 (2) President; and a Section 35 (4) President. As provided for by the Constitution, Dingake observes that only Section 32 and Section 35 (4) Presidents are substantive holders of office with the power to make appointments (revoke the appointment of Vice-President) or dissolve Parliament.
“His Excellency President Mokgweetsi EK Masisi is neither a Section 32 nor Section 35 (2) President. Further, he did not ascend to the office of President following an election by Parliament. And to this extent, does not qualify as one (President) under Section 35 (4) as read with Section 35 (5) of the Constitution,” the lawyer stressed in the warning letter to Kokorwe.
The revered attorney added that President Masisi therefore is remains and has always been a Section 35 (1) President; and must be treated as such. The Constitution, he said, in terms of Section 35 (3) provides that a Section 35 (1) President “shall not exercise the powers of the President to revoke the appointment of Vice-President or dissolve Parliament.”
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.
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.
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.