Justice Lot Moroka of the Lobatse High court has been ordered by the court of Appeal to issue a fresh and appropriate order on a case that was previously before him.
On Thursday this week, the court of Appeal in Gaborone set aside the judgment on a case regarding the withdrawal of the secondment of Secretary Generals of some Public Service Unions by the Directorate of Public Service Management (DPSM) which was ruled in favour of the unions in 2013.
The court is of the view that when making the ruling, Moroka formulated his own case from the evidence then proceeded to give judgement based on his opinion contrary to the case before him.
“…the Judge had in his decision made a case which was not the argued between the parties and granted final judgment not sought and or remedies which were incompetent even under the rubric of “further and or alternative relief.” Justice Isaac Lesetedi together with Judge President, Ian Kirby and Justice Moemedi Gaongalelwe ruled in consent.
Moroka had ruled in favour of the unions in a case in which the Botswana LandBoards, Local Authorities and Health Workers Union (BLLAHWU), Botswana Sector of Educators Union (BOSETU) and Botswana Teacher’s Union (BTU) sued the then Director in the Directorate of Public Service Management (DPSM). Carter Morupisi, for contempt of court after he wrote them letters withdrawing the secondments of their Secretary Generals over alleged political statements they had made.
The unions had asked Moroka to declare that Morupisi’s decision to cancel the secondment was inconsistent with the judgment handed by the court in an earlier case that year and that he should declare that he was in contempt of court. They further sought the court to restrain and interdict him from implementing his decision.
Moroka ruled that the decision to withdraw the seconded officers without affording them an opportunity to make representations was in violation of the agreement between government and the unions and therefore unlawful. Moroka went on to restrain and interdict DPSM or Morupisi from implementing the withdrawal of seconded officers.
The court of Appeal however found this decision glaringly patent when viewing what the unions sought and what the Judge granted. To the bench Moroka did not determine the dispute that was brought before the court but rather made the ruling based on finding of judicial review which they said is a different species of legal proceeding with its own type of remedies.
“This is such a fundamental and patently incompetent decision that this Court cannot allow it to be viewed as a competent but possibly erroneous judgment. It cannot stand on its own as it has no base of foundation,” Lesetedi led the bench.
The only order which he admitted was consistent with both the relief sought and granted was the interdict order, but said the order was not sought as a stand-alone remedy but in fact initially of an interim nature and dependent on the contempt remedy sought.
“If for instance, there was no finding that the Director was in contempt of court, the interdict order would not on its own stand. The same applies to a finding of unlawfulness on the ground of breach of the audi alteram parten rule,” Lesetedi added.
The appropriate order in the circumstances according to the bench was to have the matter remitted back to Moroka to deal with the issues properly before him if those issues are extant or refuse to grant the rule sought if it is no longer extant so as to put the matter to rest.
Meanwhile a case involving the State President, Lt Gen Ian Khama Seretse Khama and the Botswana Federation of Public Service Unions (BOFEPUSU) was also remitted to the High Court for proper hearing.
This was after the Court of Appeal concluded that the matter about the legality of President Khama announcing a salary increment for the Public Service without the agreement of the National Bargaining Council was not an urgent matter.
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.