The extent of Moupo's financial woes are not known but some of his erstwhile friends have suggested that they are huge and he might not be able to deal with them. BNF veteran, Mogalakwe Mogalakwe said he and some friends have financially assisted Moupo with about a P150,000 and helped him secure a bank loan of about a P1 million. But these seem to have failed to seal the burning hole in the MP's pocket. There are fears that if Moupo's financial position does not improve, he might be declared insolvent. Currently the Law Society of Botswana is moving to place his law firm under curatorship - a process that could lay bare the skeletons in his company's cupboard, if things have not been kept in order.
Moupo's law firm is yet to disburse the bulk of a P150,000 donation given to three political parties two years ago. Presidential Affairs Minister and former Attorney General, Phandu Skelemani told Mmegi that the Botswana Constitution provides for the disqualification and not impeachment of an MP. He said Section 62 (1) of the Constitution of Botswana states that no person shall qualify to be elected an MP is he or she has been declared insolvent and insane. Another ground for disqualification is allegiance to a foreign power or state.
A Gaborone-based attorney and leader of National Democratic Front (NDF), Dick Bayford concurred with Skelemani. He stressed that in all grounds of disqualification, there must be a pronouncement from a competent court of law. But an MP declared insolvent or bankrupt could still go back to the courts of law and battle for his or her solvency provided it is done in not more than 150 days. "Once a person has been declared insolvent or bankrupt, an internal process can take place within the National Assembly to sort the matter out," he said.
Assistant Government Attorney (Civil), Tshepo Motswagole explained yesterday that the procedure for impeachment normally refers to disciplinary proceedings launched by Parliament with a view of removing a president. "That is different from when Parliament takes action against an MP. Those provisions of the law are clear that when one ceases to have such qualifications to continue serving as an MP, he/she ceases to be an MP," explained Motswagole. He indicated that if at anytime an MP is declared insolvent, bankrupt, and insane or is involved in a criminal case, such an MP is disqualified forthwith. "Parliament will have to invoke its powers under Parliamentary Privileges and initiate a process to expel such an MP from Parliament. Then the expelled MP can go to court and fight the case to reverse the status," he said. He observed that in some instances the courts are reluctant to listen to matters of Parliament because of the issue of separation of powers.
Legal Adviser to President Festus Mogae, Sidney Pilane yesterday remembered a case in which a former Botswana National Front (BNF) MP for Kanye was disqualified after he was convicted of a criminal offence. The BNF MP was convicted for unlawful possession of a stolen motor vehicle. "He appealed to the High Court and lost the case. I represented him when he had appealed to the Court of Appeal and we lost the case," said Pilane. He cited the case of the former cabinet minister, Michael Tshipinare who served a prison term following his conviction but succeeded on his appeal.
Attorney Morgan Moseki of Phumaphi, Chakalisa and Company declared yesterday that once an MP fails to pay his creditors and one of them takes him or her to court, he could then find himself/herself in trouble. "If circumstances arise during an MPs tenure of office that he is declared insolvent, then he is forthwith disqualified. This will come after the MP has been given the statutory time for appeal," he explained.
