Molale need not resign to contest
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OP Minister will stand in Goodhope-Mabule
The Minister of Presidential Affairs and Public Administration, Eric Molale has availed himself for the Goodhope-Mabule bye-election which came as a result of the shock resignation of Umbrella for Democratic Change (UDC) Member of Parliament, James Mathokgwane a fortnight ago.
But his position presents a dicey legal brainer in the event he wins his party’s primary elections or is declared a compromise candidate…
The number of hopefuls to represent the Botswana Democratic Party (BDP) in the primaries has jumped from seven to nine, but there are suggestions that the party may decide to push for a compromise and party structures agree on one name to avoid primaries.
The UDC had snatched the constituency from the BDP’s Kitso Mokaila in the October 2014 general election. As things stand the BDP is confident of recapturing the constituency which they lost with a margin of about 600 votes.
Two candidates currently stand out as favourites – Eric Molale and Kenaope Motsaathebe are leading the race before it starts. One a serving minister and the other a secretary for the region and former youth leader, it is likely that the former may stroll should the party decide for a compromise candidate.
The other candidates who have shown interest were either vanquished in the October general elections at local government elections or they are yet to compile steady profiles that could escalate their motivations at present.
But there are pertinent questions that have engulfed the minds of many in the event Eric Molale succeeds at primary election level or is endorsed by the party as a compromise candidate for the Goodhope-Mabule constituency bye-election. The main question being whether he will resign both his positions so clears the way for his contestation in the bye-election.
WeekendPost has looked at precedents and the law in part and made discoveries that Molale is covered in all angles. He may choose not to resign until Election Day as MP, and may contest for the position of MP while still holding the position of Minister. Section 42 (3) of the constitution of Botswana allows Molale to run while still holding the position of Minister.
Meanwhile Molale can also contest BDP primary elections while still holding the position of Specially Elected Member of Parliament. According to the constitution of the country it is also clear that President Khama is not under any pressure to Specially Elect a replacement for Molale when he resigns as MP (because he (Molale) will be compelled to resign from Parliament to contest the bye-election), instead he can wait for the outcome of the bye-election. In the event Molale loses he can reappoint him as Specially Elected MP.
According to the constitution, Khama also has four months to watch the developments while Molale holds position of Minister while not being a Member of the National Assembly. Insiders have pointed out that it is a risk worth taking for the Presidential Affairs and Public Administration Minister because he is “covered in all angles”.
PRECEDENTS OR LIKELY SIMILAR CASES
In 2007, after Boyce Sebetlela resigned from Parliament, the former Minister of Health Sheila Tlou was allowed to contest BDP primaries in Palapye constituency while still a Member of the National Assembly. She went on to lose the primaries to Moiseraela Master Goya and continued with her parliament and ministerial duties.
In 1994 the High Court nullified the Kgatleng constituency results because of irregularities and Ray Molomo could not be declared a Member of Parliament. The then President, Sir Ketumile Masire went on to appoint Molomo a minister without a constituency and waited for him to win the re-run.
On 1st April 1994 when Festus Mogae succeeded Masire as President, Lt Gen Ian Khama was made Vice President. But Khama did not hold a seat in the National Assembly hence he could not be immediately appointed Vice President. Former President, Mogae waited for Khama to win the Serowe North bye-election and later appointed him Vice President. Khama was ushered in through the resignation of Roy Blackbeard.
In a recent case though different, two serving Mahalapye Councillors, Moatshe Senai and Jackson Cebani, in 2012 were allowed to contest in BDP primary elections challenging Bernard Bolele for the vacant Mahalapye West Parliamentary office.
The vacant position at Parliament cannot stay for more than 90 days hence before then the bye-election should be conducted.
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Malawi appeals for help over Cyclone Freddy at PAP
As of yesterday evening, the death toll from the Cyclone in Malawi had risen from the initially reported 190 to 225 in a short period of time, over 20 000 people have been displaced, and the worst of fears are yet to come as the fatalities continue to mount. This was reported by a Malawi Member of Parliament attending the Pan African Parliament session in Midrand, South Africa, Hon Steven Mikiya.
Mikiya was giving a statement on behalf of Malawi as the ongoing Pan African Parliament in South Africa.
Mikiya said the Cyclone has wreaked the most havoc in our country’s Southern Region. “The Southern Region, has been hardest hit with widespread heavy rains and strong winds. This caused a rapid rise in water levels and subsequent flooding. Meanwhile, power supply has been disrupted, roads blocked off and rendered impassable and mudslides have also been widely reported,” he said.
He made a special appeal to the PAP: “Where I come from, there is a parable which I would like to share with you which says, “mzako weniweni umamudziwa panthawi ya mavuto.” Simply put, a friend in need is a friend indeed or put loosely, a person who helps at a difficult time is a friend you can rely on.”
Mikiya continued: “Yes! Misfortune has knocked on our door and left in its wake a trail of death and destruction that may take years to fully recover from. However, amidst these difficulties, I have every reason to believe that sometimes when you are in a dark place and think you have been buried, you have actually been planted. My belief, Mr. President, arises out of my faith in this gathering and out of the conviction that it is not coincidental that Cyclone Freddy hit Malawi and Mozambique while the delegations of both countries are here.”
According to Mikiya, the level of destruction, the loss of life, property and the decimation of the entire fabric of established communities has been unprecedented. He noted that all this, is coming at a time when Malawi was starting to show signs of recovery from the deadly COVID-19 pandemic that also came hard on the heels of Cyclone Ana and Cyclone Gombe that left a similar trail of devastation and destruction in Malawi and neighbouring countries.
As of Sunday, this week, from the 12th of March, Malawi and Mozambique have been facing the devastating effects of Cyclone Freddy that made a landfall over Mozambique on Saturday the 11th and reached Malawi by Sunday the 12th of March.
The Malawi legislator said he has absolute faith in the Pan African Parliament, which he described as “a league of nations brought together by a shared ancestry, history, identity as well as our beloved continent which we inhabit”.
Meanwhile, Malawi President, Lazarus Chakwera, has declared a State of Disaster in the affected areas effectively appealing for local and international support for the affected families.
Mikiya appealed to the Pan African Parliament drawing “positive” inspiration from Europe which rallied around Turkey after the destructive earthquakes to bring the much-needed relief and humanitarian aid to the people of Turkey.
He said Africa should demonstrate to the world that the African Union and its Organs are not mere talk shows, but effective institutions which stand up when it matters most.
“Alone, it may take us a lifetime to fully recover, but together, in the Pan-Africanist spirit of Ubuntu, our lives and livelihoods will return to a semblance of normality in record time. This is the time to live by our operative mantra, “One Africa, One Voice.” Mikiya concluded.