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Friday, 30 July 2010   |   Issue: Vol.26 No.147  |  Monday, 05 October 2009
News
The Motswaledi Drama Ends In Damp Squib

It was bound to be a short session. No one expected it to take long. Botswana Democratic Party (BDP) members had come but not in large numbers as before.


 
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Those who came mostly sported shirts written DK, the initials of BDP secretary general, Daniel Kwelagobe. They came early for the crucial Court of Appeal decision in the case in which BDP secretary general, Gomolemo Motswaledi was seeking to reverse his suspension by President Ian Khama.

7.30am
Manual Workers Union leader, Johnson Motshwarakgole comes through the back and in a raised voice says: "Everything will be fine. I have divined it, so let your hearts not be heavy with trepidation". The crowd hangs on his words, willing his prophecy to be true. After all, they wanted their man, Motswaledi to carry the day.

Then comes another labour leader, Japhta Radibe, who smiles but does not attempt, like his colleague to inject some hope into the crowd. He grins and greets a few people close to him before taking his seat.

8.50am
Enter Mogoditshane MP, Patrick Masimolole. He follows the tradition of flashing a smile and then surveying the crowd before sitting down. He is followed by Binkie Kerileng, a BDP council candidate in Gaborone Central. She is known for her support for the suspended secretary general.

8.56am
Botsalo Ntuane comes clad in a grey suit with his friend and the man of the moment, Motsawledi. In art every colour has a meaning. Grey is usually associated with despair, while black is known to convey grief. And so it was perhaps this colour choice by the otherwise exuberant youthful Ntuane and Motswaledi that took me aback. Did they really know what they were doing when they put on those colours or was it sheer coincidence? Nonetheless, as I struggled with my thoughts, Motswaledi kept on pumping some flesh and hugging his supporters. On the other hand, a battery of photojournalists kept clicking. His face was bright and you could not believe it was he, whose fate would be decided in a short while. He was having a ball of a lifetime. It was a spectacle on its own. It was perhaps in this brief set of motions that I figured out that the man fancied himself a winner - whether he lost or won the case. And when you looked at it, you would agree to an extent - that the man has set a precedent. He had forced the whole country to introspect and examine the ruling party and the nation's constitution in new light.

8.59am
Motswaledi continues the business of pumping flesh. He smiles momentarily and waves at the back-rows where the crowds with DK t-shirts sit.

9.01am
In comes Khama's attorney Parks Tafa. He looks unwell and walks with difficulty. There is talk that he underwent an operation overseas. After greeting some people, he stands aside with Ntuane and they share some banter. Photojournalists see them and rush to capture the scene.

9.03am
Advocate Sidney Pilane, who represents Motswaledi comes in. He is not putting on his jacket nor that black lawyerly robe that the learned colleagues usually wear when in court. Later he fishes out a jacket from a funny looking Red Mission Bag. 

9.07am
On the left, just close to the judges' table, sits the Attorney General, Dr Athaliah Molokomme who chats with a court orderly and occasionally takes a swig from a water bottle.

9.28am
The court is brought to order and three justices N.J. McNally, Mathealira Ramodibedi and Seth Twum take their seats.

9.30am
The judges take exactly two minutes to announce their verdict. That is how long it took McNally to clear his throat, open a file and read the decision. He simply said: "I'll read the final paragraph. The appeal is dismissed with costs, including the costs of two counsel".

He closed his file and together with the other judges left as the dumbstruck audience stared blankly. Everyone was shocked at the brevity of the judgment. Attorneys were advised to get full copies of the judgment for their perusal. It is now clear, they have upheld the High Court judgment that the president is immune from lawsuits. The crowd files out of court in solemn silence.

9.36am
Standing on the back of a van, Motswaledi and Ntuane address their supporters outside. Motswaledi tells them: "This was final, e ne e le kgang ya bohelo. We must accept that this is the end of the road otherwise we will be contravening the laws of this land. It has become clear that the BDP and nation's constitution need to be reviewed. Even the opposition, I think they have learnt something - that they need to look at their constitutions to see this doesn't happen to them. This issue was not about me, but the whole country".

Leach Tlhomelang, a BDP additional member who has been rallying behind Motswaledi takes over and reminds all and sundry that they should not forget they are going into elections.

"This judgment does not say Motswaledi did any wrong. We wanted to know what wrong he did. Don't abandon the party just because we lost the case. It is a process of history. It may seem to be an end, but it is a new beginning. Re a dumela gore Gomolemo o molemo as his name," he said. Then the leaders climb down from the van and people talk on their mobile phones while others move in small groups to dissect the issue. "History has been made," someone shouts to no one in particular. Then the whole crowd disperses, leaving the old town to its normal grind.

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