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Kokorwe launches scathing attack on Boko

Speaker of the National Assembly, Gladys Kokorwe has said Duma Boko’s statement on Botswana China relations in 2016 that was expunged from the parliamentary minutes contained untruths, offensive and insulting language about members of the Assembly and in particular President Lt. Ian Khama.

This has come to the fore following Boko’s decision to challenge parliament’s decision to expunge from the Hansard his statement made on Febraury 26 2016 regarding Botswana/China relations, a decision he said infringed on his freedom of expression rights. The case will be heard by Justice Godfrey Radijeng at the Gaborone High Court on March 22.


In the case, Boko is suing both the speaker of the national assembly and the Attorney General, Abraham Keetshabe. The Leader of Opposition is seeking leave of the court to call upon Kokorwe to show cause why her decision to expunge his statements from the Hansard should not be reviewed and set aside; and also for the court to declare Kokorwe’s decision to expunge his views from the Hansard to be an unconstitutional infringement of his right to freedom of expression.

During his speech in the National Assembly on February 26, 2016, Boko had said:
 “We hear of alleged closure of the embassy of China. This closure temporary as it may have been, carried a potent and ominous message for our country and its people. It was ascribed to the bruing diplomatic tensions between the Botswana and Chinese governments. The government of Botswana had in one of its many instances of thoughtless enthusiasm issued a condemnatory statement against The People’s Republic of China in respect of certain unresolved issues and territorial claims to the South China Sea.” The aforesaid statement is untrue and offensive to the President.

“We observed in fairness to the Minister of Foreign Affairs and International Relations, that the statement could not have been crafted by mature, measured and able Honorable Venson Moitoi or her circle of professional diplomats. We have it on good authority that it is yet another Act by the over-zealous and immature Office of the President which continues to govern and operate on unbridled emotion and astonishing lack of foresight. We pray and hope that this callous mismanagement of our foreign policy does not plunge our country into an abyss from which we may not be able to extricate ourselves.”

In her replying affidavit, Kokorwe also stated that it “shall be out of order” to use offensive and insulting language about members of the assembly. “Boko was not only highly critical and uncomplimentary to the Botswana government, but offensive and insulting in the use of language to members of the Assembly and sought to impute improper motives to the President,” she noted.

She urged the court to show its displeasure regarding the applicant’s language by making a special costs order against him. However, Kokorwe said that she did not take the decision to remove Boko’s statement, saying instead, “The decision was taken by the National Assembly as a collective.” She further challenged the BNF president to cite the National Assembly as a respondent in the case as “failure to do so renders the application fatally flawed”.

“At no stage did I decide to expunge or allow to be expunged from the Hansard any statement by the applicant. On contrary, a motion was duly adopted by the National Assembly by majority vote to expunge the applicant’s statement on the basis that it contained untruths and plead with offensive and insulting language about members of the Assembly and in particular the President .”

Kokorwe further argued that at the heart of the application lay the right of the National Assembly to regulate its own procedures and conduct of the members thereof. She said in terms of the doctrine of separation of powers, the court has no jurisdiction to rule on matters falling within the exclusive domain of the legislature. According to Kokorwe, a motion to rescind and expunge from the minutes is a well-known exceptional motion by which the entire membership of the National Assembly expresses its strongest disapproval about the conduct of a member. The motion, she stated, requires a majority vote.

“There simply was no shutdown temporarily or otherwise of the Chinese Embassy in Botswana and the reference by the applicant to allegations that abounded does not make it true,” she noted. According to Kokorwe, immediately after the statement was made, a Member of Parliament for Francistown West, Ignatius Moswaane submitted a written notification to her that he wished to introduce a motion in respect of a definite matter of urgent public importance in order to expunge the applicant’s statement from the minutes on the basis that the facts stated therein were untrue.  

On April 8, 2016 Moswaane requested her to extend the daily order paper to include a motion to the effect “that this speaker adopt a motion calling for the speaker to expunge from records of parliament the statement made by Boko regarding the claims that the Chinese Embassy was closed and that our government was irresponsible to make statements that affects international matters.”

She said having allowed a debate on a point of order; she allowed the motion to be debated. “The debate was, however, short-lived and chaotic. I adjourned the Assembly. On July 7, 2016 I allowed Moswaane to speak to the aforesaid motion and allowed a debate about the motion,” she stated. “I regarded the matter urgent because I deemed it necessary that the debate should take place in the presence of the applicant in order for him to participate freely in the debate. The applicant however, did not regularly attend meetings of the National Assembly.”

Kokorwe said while she admits that no official institution may be transformed into an instrument of political party propaganda, she denies the removal from the minutes of the applicant’s speech has that effect. The Minister of Foreign Affairs Pelonomi Venson-Moitoi corroborated Kokorwe’s speech, adding that during the time when Boko made a speech the Embassy of China was not closed and “neither was closure threatened by the Chinese government”

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DPP halts JSC, Judge’s back to work plan

25th January 2021
Kebonang

The Directorate of Public Prosecutions (DPP)’s decision to reject and appeal the High Court’s verdict on a case involving High Court Judge, Dr Zein Kebonang has frustrated the Judicial Service Commission (JSC) and Judge Kebonang’s back to work discussions.

JSC and Kebonang have been in constant discussions over the latter’s return to work following a ruling by a High Court panel of judges clearing him of any wrong doing in the National Petroleum Fund criminal case filed by the DPP. However the finalization of the matter has been hanged on whether the DPP will appeal the matter or not – the prosecution body has since appealed.

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BDP rejects Saleshando payment proposal

25th January 2021
MP saleshando

Botswana Democratic Party (BDP) top brass has declined a request by Umbrella for Democratic Change (UDC) to negotiate the legal fees occasioned by 2019 general elections petition in which the latter disputed in court the outcome of the elections.

This publication is made aware that UDC Vice President Dumelang Saleshando was left with an egg on his face after the BDP big wigs, comprising of party Chairman Slumber Tsogwane and Secretary General Mpho Balopi rejected his plea.

“He was told that this is a legal matter and therefore their (UDC) lawyer should engage ours (BDP) for negotiations because it is way far from our jurisdiction,” BDP Head of Communications, Kagelelo Kentse, told this publication.

This spelt doom for the main opposition party and Saleshando who seems not to have confidence and that the UDC lawyers have the dexterity to negotiate these kind of matters. It is not clear whether Saleshando requested UDC lawyer Boingotlo Toteng to sit at the table with Bogopa Manewe, Tobedza and Co, who are representing the BDP to strike a deal as per the BDP top echelons suggested.

“From my understanding, the matter is dealt with politically as the two parties are negotiating how to resolve it, but by far nothing has come to me on the matter. So I believe they are still substantively engaging each other,” Toteng said briefly in an interview on Thursday.

UDC petitioners saddled with costs after mounting an unprecedented legal suit before the court to try and overturn BDP’s October 2019 victory. The participants in the legal matter involves 15 parliamentary candidates’ and nine councillors. The UDC petitioned the court and contested the outcome of the elections citing “irregularities in some of the constituencies”.

In a brief ruling in January 2020, Judge President Ian Kirby on behalf of a five-member panel said: “We have no jurisdiction to entertain these appeals. These appeals must be struck out each with costs including costs of counsel”. This was a second blow to the UDC in about a month after their 2019 appeals were dismissed by the High Court a day before Christmas Day.

This week BDP attorneys decided to attach UDC petitioners’ property in a bid to settle the debts. UDC President Duma Boko is among those that will see their property being attached with 14 of his party members. “We have attached some and we are on course. So far, Dr. Mpho Pheko (who contested Gaborone Central) and that of Dr, Micus Chimbombi (who contested Kgalagadi South) will have their assets being sold on the 5th of February 2021,” BDP attorney Basimane Bogopa said.

Asked whether they met with UDC lawyers to try solve the matter, Bogopa said no and added. “Remember we are trying to raise the client’s funds, so after these two others will follow. Right now we are just prioritising those from Court of Appeal, as soon as the high court is done with taxation we will attach.”

Saleshando, when contacted about the outcomes of the meeting with the BDP, told WeekendPost that: “It would not be proper and procedural for me to tell you about the meeting outcomes before I share with UDC National Executive Committee (NEC), so I will have to brief them first.”

UDC NEC will meet on the 20th of next month to deal with a number of thorny issues including settling the legal fees. Negotiations with other opposition parties- Alliance for Progressives and Botswana Patriotic Front (BPF) are also on the agenda.

Currently, UDC has raised P44 238 of the P565 000 needed to cover bills from the Court of Appeal (CoA). This is the amount in a UDC trust account which is paltry funds equating 7.8 per cent of the overall required money. In the past despite the petitioners maintaining that there was promise to assist them to settle legal fees, UDC Spokesperson, Moeti Mohwasa then said the party has never agreed in no way to help them.

“We have just been put in debt by someone,” one of the petitioners told this publication in the past. “President’s (Duma Boko) message was clear at the beginning that money has been sourced somewhere to help with the whole process but now we are here there is nothing and we are just running around trying to make ends meet and pay,” added the petitioner in an interview
UDC NEC has in December last year directed all the 57 constituencies to each raise a minimum of P10, 000. The funds will be used to settle debts that are currently engulfing the petitioners with Sheriffs, who are already hovering around ready to attach their assets.

The petitioners, despite the party intervention, have every right to worry. “This is so because ‘the deadline for this initiative (P10, 000 per constituency) is the end of the first quarter of this year (2021),” a period in which the sheriffs would have long auctioned the properties.

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Boko-Khama axis viewed with suspicion

25th January 2021
boko-and-khama

President of the Umbrella for Democratic Change (UDC) Duma Boko’s alliance with former President Lt Gen Ian Khama continues to unsettle some quarters within the opposition collective, who believe the duo, if not managed, will once again result in an unsuccessful bid for government in 2024.

While Khama has denied that he has undeclared preference to have Boko remaining as leader of UDC, many believe that the two have a common programme, while other opposition leaders remain on the side-lines.

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