The peril of taking party to court
Tsaone Basimanebotlhe | Monday June 27, 2022 06:00
The majority of the members hardly win the cases. At the party congresses a recommendation is made and the members end up being expelled or suspended from the party.
Some of the BNF members who once experienced that include Gabriel Kanjabanga, Lemogang Ntime, Akanyang Magama, Mogalakwe Mogalakwe among others. Politically, when someone takes the party to court, some members view them as the enemy of the party.
Most members sympathise with one another when they fight the issue internally as per the party procedure. This does not only happen within the BNF but extends even to other political parties.
It is yet to be seen if Team Bucs will be able to contest for elections or not because some of the members who were sympathetic to their cause are retracing their steps simply for the step they have taken.
This week Team Bucs went ahead with its decision to take their party to court. Molatlhegi is challenging BNF President Duma Boko in the upcoming party congress scheduled for July.
It is quite clear that efforts to bring peace between the two teams have failed and the up-coming congress is expected to make a decision on the matter since it is above party structures.
In the recent past, Team Bucs has been expressing concerns regarding the preparations for the forthcoming party elective congress. The courts have always advised that political matters be handled and dealt with internally.
It is yet to be seen if the court will call for BNF congress to be postponed and what action the party may take against the litigating members. At the moment, the Molatlhegi team wants the court to set aside the congress notice dated July 6, 2022 by the party central committee and also to declare it unconstitutional, null, and void.
The applicants, Kgakgamatso Kebiditswe and Tlamelo Mpodi want the court to set aside the decision by the party central committee to hold the congress. They also want the court to direct the respondent, which is the BNF, to take all the necessary steps before the issuing of any notice to convene the 18th national congress as per the BNF constitution. "Through the central committee of the BNF and its national organising secretary, in accordance with the BNF guidelines forward, constituency, regional, and auxiliary organs congress (guidelines), the renewal of the mandate of such leadership structures is obtained and that the central committee appoints a joint credentials committee to ensure free and fair elections," the court papers read. The papers further state: "Ensures the appointment through its central committee of an independent and impartial electoral body as an interim measure to lead change in the running of a pursuant congress with powers, inter alia, to register delegates." Team Bucs also wants the party to appoint a crisis resolution committee for the internal resolution of election disputes according to the party constitution.
In addition, they want the party to allow new membership registration and renewal of existing membership in the lead-up to the national congress and stipulate that no such registration shall be interrupted.
The team also raised concerns and made demands on the operation of the BNF office and the National Elections Board (NEB), as they relate to the said processes. “Our view is that, given recent experiences, there cannot be a free and fair elective congress unless a joint committee composed of equal representatives from the two lobby teams is appointed. Our team demanded that the BNF Central Committee (CC) enforces its constitutional powers to appoint such a committee with clearly defined duties and powers,” wrote team leader Molatlhegi to the BNF secretary general. He also said the BNF staff have explicitly demonstrated, with sheer arrogance their unwavering allegiance to the Duma Boko lobby group. He mentioned two employees who he said have become law unto themselves and continuously intimidate BNF members. “To say that these commonly abuse their positions and meddle with impunity into party political affairs would be a gross understatement”, he added. In 2012 Kanjabanga was expelled from the party along with Ntime for indiscipline. That followed after Kanjabanga had before the 2009 elections taken the party to court on grounds that Boko was not the rightful candidate for the BNF presidency. Kanjabanga and Ntime were thereafter expelled from the party.
Kanjabanga later lost the case with costs and the Gaborone lawyer then appealed to the Court of Appeal but lost with costs again. The BNF also expelled Mosolotshane councilor Mogalakwe. Back then, the councillor, who had been a critic of the current BNF leadership, was kicked out of the party by the central committee for indiscipline. The BNF once expelled Lobatse MP, Nehemiah Modubule in 2008, and one of its chief ideologue, Dr Elmon Tafa. The expulsion of the duo was announced by the then BNF president, Otsweletse Moupo.
The latter at the time said the move was meant to restore order and discipline in the party. BNF spokesperson, Justin Hunyepa has since confirmed that they have been served with court papers. He, however, stressed that they are proceeding with the preparations for the elective congress. "We will only stop the proceedings of the congress once a court interdict has been served upon us stopping the process," Hunyepa said.