The National Amalgamated Local Central Government and Parastatal Workers Union (NALCGPWU) otherwise known as Manual Workers Union has again triumphed over President Lt Gen Dr Ian Khama.
Khama and a coterie of other applicants in the matter including Gladys Kokorwe, Athalia Molokomme, Justices of Appeal Elijah Legwaila, Isaac Lesetedi, Stephen Gaongalelwe, John Foxcroft, John Cameron, Arthur Hamilton and Craig Howie had sought a stay of execution relating to the operation of a court order which declared unconstitutional, the appointment of CoA Justices to multiple three year contract extensions.
Justice Abednigo Tafa last week Friday handed down a judgement which struck down as unconstitutional, section 4 of the CoA act which allowed the president to determine the number of Justices of Appeal. It further stated that the appointment of Justices of Appeal on more than a three year contract as has been practice for many years, is unconstitutional. He further struck down the appointment of Justices of Appeal other than the Judge President as unconstitutional. Khama and company had sought a stay of execution as a matter of urgency which Tafa dismissed this Thursday.
In “general observations” he made before issuing his ruling, Tafa stated that the original case whose success resulted in the current incapacitation of the CoA, contrary to media portrayal, it was not a contest between Johnson Motshwarakgole and President Khama. Instead, he said that in his understanding, the original case was between a collective known as the National Amalgamated Local Central Government and Parastatal Workers Union represented by Motshwarakgole acting as its organising secretary and also its applicant and the Office of the President of Botswana and other defendants including the National Assembly and the Attorney General.
Tafa continued to state that the section of the CoA act that his court struck down as unconstitutional was “enacted way back in the year 1980.It was repealing an earlier provision that had been enacted in 1972.” He said. He also noted: “it does not require knowledge of rocket science to understand that the act was more than twenty years before President Khama became the president of this republic.”
He further stated that he can say without fear of being contradicted that the piece of legislation was enacted long before Motshwarakgole was appointed to his position and before Manual Workers Union was reconstituted in its present form. Khama had wanted the order of the High Court halted so that “the CoA could continue in the public interest pending the intended appeal.”
He had also argued that there are currently two constitutional matters that were argued before the full CoA in January whose judgements are reserved. He also said that if the orders are not stayed, the Justices who presided over those cases will not be able to sign and deliver their judgements, to the prejudice of the litigants and the public at large. To convince Tafa, Khama further noted that “already the application session of the CoA which was to begin on the 17th of Friday 2017 has had to be postponed.”
He further argued that relying solely on High Court judges for the appeals of CoA who are ex-officio judges will be extremely disruptive of the normal work of the High Court and will be prejudicial to litigants. Khama noted: “the granting of a stay will ensure the continued smooth operation of the Administration of Justice, which is a national imperative and will cause no prejudice to Manual Workers Union.”
Motshwarakgole however countered that, given the findings made by the court, it would be unlawful, inappropriate and improper for Justices Lesetedi, Gongalelwe, Foxcroft, Cameron and Howie to sit in any future appeals unless and until the judgement has been set aside.
Motshwarakgole also said that Khama and company had exaggerated the prejudice they stood to suffer if a stay was not granted choosing to ignore the prejudice which will result if the justices of the CoA were to continue to act if the court’s judgement had not been delivered. The union boss also described their prospects of success on appeal as so poor that the application for stay should be dismissed.
Motshwarakgole further responded that the incapacitation of several judicial officers at the same time is not new in Botswana referring to an example of suspended four High Court Judges, Mercy Garekwe, Modiri Letsididi, Ranier Busang and Key Dingake. He said that the quartet was at the time of their suspension dealing with over 400 cases each and had part-heard trials as well as having several outstanding judgements. He argued that, this did not stop the wheels of justice from grinding on.
Tafa also noted that according to Manual Workers Union, there is accordingly no reason why the disqualification of a few justices of Appeal, most of which sit only twice a year, should bring the wheels of justice to a screeching halt. He further states: “this is particularly so when one has to regard the fact that all judges of the High Court are also ex-officio judges of the Court of Appeal.”
He further stated that in his judgement the prejudice to be suffered by the litigants in the two cases where judgement is pending before the CoA, is far outweighed by prejudice to be suffered by Manual Workers Union and many more litigants, should the court grant a stay only for the applicants to lose their appeal after more cases have been presided over by the concerned justices of appeal.
Tafa also stated that: “At any rate, one should ask oneself what would happen if one or two justices of the Court of Appeal were to pass on before they delivered judgement. This would certainly cause prejudice to the parties but it would not mean that they would be left without a remedy. A differently constituted court would not find it difficult to hear the cases de-novo (afresh).” He then noted that there is no reason why the CoA cannot enlist the services of some judges of the High Court to assist in carrying out the functions of the court who are ex-officio CoA judges.
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.