We won’t go for congress rerun – Pilane
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Embattled Botswana Movement for Democracy (BMD) leader Sidney Pilane has vowed not to allow any mediator in the party impasse to allow them to hold a congress re-run following the recent disputed Bobonong one.
The umbrella of opposition parties in Botswana, Umbrella for Democratic Change (UDC) is expected to mediate between the two after receiving communication from both parties claiming to be the legitimate National Executive Committee (NEC) of the party, with one led by Pilane and the other by Ndaba Gaolathe.
In his inaugural press briefing this week after the disputed congress, Pilane maintained that they will not allow for a re-run of the congress as they won fair and square in line with the constitution of the BMD. “Let me make it clear that we had a lawful congress at Matshekge CJSS in Bobonong. It has been called in terms of the constitution of the BMD by the National Executive Committee. All was done in accordance with our constitution and so, we will not agree to any suggestion by anybody to call another congress,” the BMD leader insisted to journalists earlier this week.
He however said they are prepared to compromise in terms of matters regarding which they have power to compromise that are outside the ambit of the movement constitution. He thus emphasized that: “what we cannot do is give anybody anything that we do not have the power to do. And what we cannot agree is to anything that we do not have the power to agree to it, and so even others we agree that they are thinking about us and might want to assist and it will be grateful, but they must understand that we are limited by the constitution of the BMD. We work within it, we stay within it, we live within it and we act in accordance with it at all times. It’s a matter we do not compromise.”
The Advocate asserted that they told Batswana that they would like to run this country and therefore should show to them that indeed they will run the country according to the law. The Constitution is never compromised, he stressed adding that Batswana need to know that when they elect them into government they will obey the law and run government affairs in terms of the law, and nobody should ask to compromise on the law to suit any party end.
In terms of suggestions that the UDC will intercede, Pilane said he does not recall UDC leader Duma Boko talking about two factions in the BMD. Instead, his recollection is that Boko pointed out that they have received two reports from two groups, both of whom claim to be BMD. And that he said they might call them. “The question now is; are we going to go there if the UDC calls? Yes, if the UDC calls we would go, to see what they would have called us for,” the highly decorated lawyer highlighted.
He however assured the briefing that no one will call BMD without its authority or blessing.
“We run this movement by a constitution. We have a constitution which governs the affairs of the movement. No other constitution does. And no other individual does. So anybody that wants to mediate between us obviously we would be very grateful. We will go wherever we are called. We shall hear whatever we will be called for. We have a discussion according as we might be invited. And we will state our position,” the controversial politician warned. Pilane also reiterated that in terms of the calls for a re-run of the congress, even if they are given money to hold the congress they will not hold that congress as they have already held one. “We have too much work to do to rebuild our movement,” he asserted.
Pilane discusses his association with DIS Director Isaac Kgosi
It is the Advocate’s contention that indeed he has relations with Directorate of Intelligence and Security Services (DISS) Director Isaac Kgosi and he has represented him as a lawyer, and never did so for the DISS. “I practice law. I represent people who require representation. I do not care about your political affiliation or where you work, it is a matter which I have never compromised and I will never compromise,” he said of Isaac kgosi when quizzed by a pack of journalists who wanted the predicament explained. The quandary has mainly pitted him against some BMD members who despise his re-admission into the party citing his connections/relations with the notorious DISS.
Pilane also maintained that it was true that he had represented Isaac Kgosi and other BDP members when he was still a BDP member and added that he is still representing some BDP members, despite now being with the opposition. He stated that he can still represent the leader of the Secret Service, Kgosi should he need his services as a lawyer. He continued: “I can also represent President Lt. Gen. Seretse Khama if he also requires legal representation even though he has destroyed our country.”
Says Ndaba faction approached a Judge to utilize for forum shopping
The Pilane faction has made speculations that the Ndaba led faction has approached a certain judge to place their case for forum shopping. However, Pilane has refused to name the said Judge. He said that the Ndaba faction had notified them of their intention to declare the recent congress nullified and call for a re-run of the elections. “In terms of the said Judge, we know the name of the Judge in question but we won’t reveal the name to you. But when they do go to court if they do go court we will know whether they got the judge they want or have failed to do so. And they should get the Judge who we know they want, we will act accordingly at the time,” Pilane told the press.
Pilane attacks opposition MPs in parliament for poor performance
The BMD leader expressed concern over the lack of vibrancy by the current crop of opposition legislators as opposed to the past. “There was a time when the opposition parliament was strong and vibrant. It was speaking for the people, expressing the feelings of Batswana, articulating them vibrantly in which they had an impact on the audience, Batswana in general. We need to hear you more. Perhaps we do not hear this or assess this issue the same way. But we don’t hear you comrades. We hear you too little,” he said.
The contentious politician also observed that “we need to hear you and see you make a difference. We need to be inspired. I am afraid I am little inspired. We want you to be as vibrant as the opposition parliament of Kenneth Koma, Paul Rantao, Maitshwarelo Dabhuta, Robert Molefabangwe, and others. They made noise and were vibrant, but were just a small number. But today, you are so much a larger number. Please be vibrant, with your intelligence, articulate issues that affect Batswana.”
The Advocate also weighed options of running for parliament in 2019
When asked on whether he has ambitions of running for parliament in the coming 2019 General Elections Pilane was cagey in his carefully articulated but loaded response. “Do I intend to run for parliament in 2019? I do not know. It’s not a matter I have thought about. It’s not a matter I have considered. I do not think the time for that decision has come. When the time comes, I will make it. I will see whether there is a constituency which I am interested in running. I will see whether people want me to run. And so, I have not yet made that decision. O mpotse tsa ko ke go tswang. Tsa ko ke yang ga di itse (I only know of my past but I cannot say the same about the future.)”
Other BMD issues…
He also warned that those other members from the other faction who are not entitled to call meetings, or call meetings without anyone’s authority will be dealt with when that time comes. “Those expelled also should re-apply into the party; I believe they will be re-admitted. But of course anyone joining the BMD, expelled or otherwise, has to commit their self to obey the constitution, and being disciplined. It goes without saying. They should always follow BMD constitution, rules and regulations as well as respect the structures.”
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DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”
Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”
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DPP seizes prosecution duties from Police
Directorate of Public Prosecution (DPP) has finally taken over prosecution from the Botswana Police Service (BPS). The police have been prosecuting for years, but the takeover means that they will now only focus on investigations and then hand over to the DPP for prosecution.
Talks of complete takeover began as far back as 2008, but for years it seemed implementation was sluggish. However, the Minister of Justice, Machana Shamukuni, revealed that the complete takeover is expected to be completed soon.
During a presentation to the Committee of Supply by Shamukuni this week, it was revealed that the project has been implemented in 22 police stations nationwide, including Maun, Selebi-Phikwe, Palapye, Francistown, and Kasane. He further stated that the project has been allocated P3,000,000 for the 2023/2024 financial year to facilitate the opening of more satellite offices for the DPP.
Shamukuni said the Lobatse station is scheduled for a complete takeover by the end of May 2023, while the Kasane DPP satellite office has been established and became operational as of February 1, 2023.
“As reported previously, preparations are at an advanced stage to open a satellite office in Tsabong to curtail expenses, as well as frequent long-distance trips to these areas, as it is currently serviced by the Lobatse DPP office,” Shamukuni said.
Shamukuni said that the takeover strategy is to enable a seamless and gradual takeover of prosecution from the BPS without overwhelming and overstretching the thin resources at its disposal.
According to Shamukuni, the implementation of the prosecution takeover project has increased the workload of the 211 prosecutors in the DPP establishment.
Furthermore, the Justice Minister said DPP statistics show that the DPP has a total of 11,903 cases and dockets as of January 2023. He indicated that this is a significant increase in the number of cases being handled by the DPP, considering that in November 2021, the DPP had just over 8,471 files.
“Out of the total case load, 8 382 are cases pending before various courts while 3521 are dockets received from law enforcement agencies of which 1 325 are awaiting service of summons while the rest are being assessed for suitability of prosecution or otherwise” said Shamukuni.
He further stated that The DPP has consistently maintained an 80% success rate in matters completed at court.
“As at the end of January 2023, the success rate stood at 82.3% against a target of 90% whilst the average performance in respect of turnaround time for conclusion of cases at court stood at 17.5 months against a target of 18 months,” he said.
BACKLOG OF CASES – LAND TRIBUNAL
Meanwhile, Minister Shamukuni has revealed that Gaborone land Tribunal is experiencing a backlog of cases. Before parliament this week, Shamukuni revealed that a total 230 appeals were completed for the period of April 2022- December 2022 and only 76.5% of them were completed within set time frame.
The minister said that the Gaborone division has experiencing a backlog of cases due to manpower constraints and he further indicated that presiding officers from other divisions have been brought in to expedite case disposal.
He further indicated that the land tribunal is a specialized court that has been empowered to resolve appeals arising from land boards. “It has been mandated to determine appeals from the decisions of Physical planning committees of Districts Councils” said Shamukuni.
Land Tribunal relocated to the Ministry of Justice from Ministry of Land and Water Affairs in November 2022.
“An amount of P37, 842,670 is requested to cover salaries, allowance and other operational expenses for the Department of the land Tribunal,” alluded Shamukuni
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BCP, AP stalemate in 7 constituencies
When the Botswana Congress Party (BCP), Alliance for Progressives, Botswana Labour Party (BLP), and conveners reconvene next week, the controversial issue of allocation of the seven constituencies will be the main topic of discussion, WeekendPost can reveal.
Not only that, but the additional four constituencies will also dominate the talks. The idea is to finally close the “constituency allocation phase,” which has proven to be the most difficult part of the ongoing negotiations.
Earlier this year, the two parties announced that the marathon talks would be concluded by February. Even at a media briefing last month, BCP Secretary General Goretetse Kekgonegile and Publicity Secretary Dr. Mpho Pheko were optimistic that the negotiations would be concluded before the end of February.
However, it is now mid-March and the talks have yet to be concluded. What could be the reasons for the delay? This is a question that both Kekgonegile and Pheko have not responded to, as they have ignored the reporters’ inquiries. However, a senior figure within the party has confided to this publication as to what is delaying the highly anticipated negotiations.
“We are reconvening next week to finalize constituency allocations, taking into account the additional four new ones plus the outstanding seven,” he explained. It later surfaced that Gaborone Central, Gaborone North, Mogoditshane, Tswapong North, Francistown West, Tati West, and Nata Gweta are all contested by both BCP and AP. This is because the other 50 constituencies were allocated by December of last year.
The three parties have failed to find common ground for the Bosele Ward by-elections. Are these constituencies not a deal breaker for the talks? “None of the constituencies is a deal breaker,” responded a very calm BCP official.
In Bosele Ward, AP has yielded to BCP, despite most of its members disapproving the decision. On the other hand, BLP has refused, and it will face off with BCP together with Botswana Democratic Party (BDP) and Umbrella for Democratic Change (UDC).
The decision by BLP to face off with BCP has been labelled as a false start for the talks by political observers.