State appeals Saleshando suspension judgement
Tsaone Basimanebotlhe | Monday January 31, 2022 06:00
Justice Gabriel Komboni of the Gaborone High Court had ruled that his suspension from the House was illegal, therefore set aside the decision of the National Assembly Speaker, Phandu Skelemani.
The Attorney General (AG) and the Speaker, cited as applicants in the matter, say the High Court’s decision was wrong on comprehensive consideration of all the factual and legal questions raised in the matter. “The High Court erred in all matters including the matters of public policy to which the court gave altogether no consideration and the far-reaching implications for the rest of the country of the decisions at which the court has arrived and the manner in which it did so,” reads the court papers.
At the time the judgement was handed down, the Maun West legislator had taken the government to court challenging his suspension from sitting of the National Assembly for five days from July 28 to August 5, 2020, following a presentation he made alleging politically motivated and corrupt practice in the awarding of government tenders. Now, the State wants the judgment overturned among other grounds being that the procedure followed by the Speaker was both not proper and not fair and fell to be reviewed.
According to the State, the court was wrong in finding that the Speaker was required before invoking certain Standing Orders, because the provisions only applied where the conduct of a member was found by the Speaker to be grossly disordered, and it was not the case in the matter. “The court a quo erred, with respect, of his judgement that the procedure followed by the Speaker was both not proper and not fair, for the procedure was and accorded with. And that the procedure followed by the Speaker was not proper and was irrational.
The procedure required did not come into operation without a further naming; the need to name the member again became indispensable in terms of certain orders to come into operation,” the court papers state. They further said the refusal by the Opposition Whip to move some orders was ineffectual and pro-non-scripto; and the Speaker was within his powers, once the Ruling Party Whip was back in the National Assembly, to commence some of the orders processes afresh, acting lawfully and was justified in doing so.
Skelemani had invoked Standing Order 60.4, calling for a motion from the ruling party whip to suspend the LOO after he told the House that he was not satisfied with the evidence the Umbrella for Democratic Change (UDC) vice president had presented before him to substantiate the allegations he made. Now, following his earlier attempts to interdict his suspension, Saleshando who is also the Botswana Congress Party (BCP) president, had instituted legal proceedings seeking the court to review Skelemani’s decision as well as challenge the constitutionality of the parliamentary Standing Orders 60.4(a) and (b); and 60.5 to the extent that they infringe the applicant’s right to freedom of expression, equality and the protection of the law.
Saleshando had argued that the Speaker tabled the motion to have him suspended without indicating what further proof was necessary. He stated that this makes Skelemani’s move unconstitutional to the extent that it infringed on his freedom of expression and protection of the law. He says the decision of the Speaker takes away his right of speech as a duly elected legislator. Meanwhile, when addressing a press conference at the President Hotel on Monday, Saleshando said they will respond to the court papers.