No BNF constitutional breach ,rights violation
Mpho Mokwape | Monday July 18, 2022 06:00
When dismissing an application brought by two members, Kgakgamatso Kebiditswe and Tlamelo Mpodi, the judge said there was no evidence before court to support such allegations of rights violations and constitutional breach.
The two applicants had taken the BNF to court seeking amongst others an interdiction on grounds that due process was not followed when electing delegates for the lower structures and an interdiction for the congress that was scheduled for June 6, 2022 by the party central committee.
They further wanted the court to set aside any decision taken by the central committee pertaining to the holding of the party’s 2022 national congress.
Justice Komboni explained that the applicants had brought allegations over allegations about their rights being violated, but did not place any evidence before him to support their averments.
“The applicants have not brought any evidence in support of what they say about the congress and electing of delegates. What I have before me is allegation after allegation and not backed by anything concrete, as such I cannot say they are entitled to the orders they seek,” he said.
He pointed out that since the applicants’ case was based on the election of delegates and the national congress being tainted by breaches and illegality, he said he understood there could be issues like notices not being properly done, which might aggrieve members.
However, Justice Komboni said given that they were dealing with a political party and members who could be just volunteers and some even forking funds from their own pocket, some flexibility should be allowed in respect of a political organisation such as the BNF.
He explained that on the basis of the legal principle, courts should not be ordinarily be seen involved in the activities of the party and noted that what he has noticed about the applicants was that they want the court to set aside the scheduled congress to ensure a smooth operations suitable to them.
“In my view, I feel like the applicants are aggrieved because they are disadvantaged in terms of not being in charge rather than the other lobby group that is in charge. The applicants want the court to level the playing field, which they perceive to be skewed against them, I do not think this should be the function of the court in the matter,” he expressed.
Judge Komboni emphasised that politics was by nature is a tough game which required resilience and hard work in order to win hearts and minds of the electorate or delegates therefore the courts should leave that to the politicians.
Moreover, on the substantive matter when dealing with the allegations by the party that the applicants are not their members, the judge did not agree with the allegations acknowledging that the two applicants were members of the BNF in good standing contrary to what the party was saying.
“There is no direct evidence to the accusation that they are not members, the two applicants have proven that they are members of the party and that they have been members since the 1980s. He said they should be accorded an opportunity to participate in the activities of the party without being disadvantaged,” he said.
In the end, the judge said in respect of the averments he made, the end was that it was not a proper matter for the courts to intervene in the activities of a political party.
He dismissed the application and ordered that each party should pay its own costs.