Butale's presidency hangs in the balance
Innocent Selatlhwa | Tuesday April 25, 2023 06:00
Butale approached the court on urgency seeking an order declaring that he is the lawful president of the BPF. The applicants in the matter are listed as Butale, Reitumetse Aphiri, Ford Moiteela and the BPF.
The respondents, whom Butale says are causing instability within the party are Tshekedi Khama, Vuyo Yane Notha, Robert Mariba, Prince Bosilong, Ian Khama, Motswasele Kganetso, Dr Kolaatamo Malefho, James Kgalajwe and Moiseraela Goya, all who Butale said are suspended from the party.
Besides being declared as president, Butale wants the respondents to stop issuing correspondences in the name of the BPF amongst other things.
In his founding affidavit, Butale states that it all started on March 20 at a National Executive Committee meeting held at Arirang Restaurant, Staybridge Hotel in Gaborone, where part of the agenda was to discuss discipline within the party. “This agenda item sparked conflict and tempers flared within the meeting. As emotions escalated, members began to threaten violence against one another.
Due to the state of affairs, I considered it necessary, as chair, to disperse the meeting, and abruptly called the meeting to an end until further notice. Amidst the interchange that ensued after my adjournment of the meeting, three officials of the executive committee threatened that they would resign from the party,” Butale stated.
He mentioned Samson Guma Moyo and Thatayaone Serema, whom he said then subsequently resigned on March 21. “Secondly, myself, however, I threatened resignation solely in the heat of the moment and based on the anarchy and ill-discipline that persisted within the party. I did not then proceed to issue a letter of resignation. 'The reason I did not follow up my threat with an actual resignation is that upon reflection, I decided not to actually resign but rather proceed to use my authority to carve out the bad apples as it would be in the best interest of the BPF. 'With that in mind, I proceeded to suspend the key actors in the anarchy of the party on March 28.
The suspended individuals are Tshekedi Khama, Vuyo Yane Notha, Robert Mariba and Prince Bosilong,” he stated. Butale stated that he was motivated to act against these members due to a correspondence issued on March 27 in which Tshekedi indicated that he was under the impression that he had resigned, while he was holding party activities as at the time of the said letter.
Having seen the suspensions of March 28, Butale said the first to the fourth respondent proceeded to issue communication on March 31 delegitimising his presidency. “The BPF constitution has a relevant provision for the resignation of officials of the BPF, to which the BPF president is. This is in terms of Article 11.5 of the constitution.
This article requires resignation to be made through a 30-day written notice as I had no intention to resign. I fully remain legitimate in my position as the president of the BPF,” he stated. Butale further stated that on April 5, he proceeded to call and hold a National Executive Committee meeting, special in nature, for purposes of dealing with the emergency suspensions which he carried out and the said suspensions were duly confirmed at the said meeting. Having been informed of the meeting of April 5, Butale said Tshekedi reacted by a letter dated April 7 in which he maintains that an announcement of resignation and walking away from a meeting is a resignation. “I wish to make it clear that I did not resign but rather threatened to resign, and I walked away as the meeting was adjourned due to heated disputes which were then turned into physical confrontations. I held and still hold, no intention to resign from the presidency of the BPF,” he said.
You resigned Butale – Notha
In his answering affidavit, Notha said Butale has resigned as a member of the party and consequently, as the president of the party. “Butale complained that three NEC members had on March 29 at a party event at Letlhakane behaved in a manner he did not like. He wanted action taken against these members and he threatened that if no action was taken he was going to resign from the party that very day. He read a letter which he purported was a complaint by the Northern Region complaining about the said members. Moyo called for the two members to be suspended while Goya opposed the proposal arguing that it would be unprocedural.
A general argument broke out between and amongst some members,” he stated. Notha submitted that Butale having realised that the committee members were reluctant to decide on the two members, Robert Mariba and Vuyo Notha, burst out of the meeting uttering the words “Salang le partynyana e ya lona ya Bangwato” (you can remain with your little Bangwato party) and further said to one member “Bosilong, a re tsamaye re tlogele batho ba le Party ya bone” (Bosilong, let's go and leave these people with their party). He said Butale was followed by Guma, Lawrence Ookeditse, Aphiri, and Thatayaone Serema. Notha argued that Clause 11.5 of the constitution is inapplicable in this case as it relates to members of committees resigning from office but not to resignation from membership of the party. He said there is no requirement to write a letter or to serve notice. “Some members leave the party to join rival parties. It would be foolish for the party to insist that such a member serve notice or insist that they are members until they have served a written resignation. Butale resigned in a similar manner to Moyo for fear of going to an elective congress.
The purported suspensions are an attempt to avoid the elective congress. The members of the party must be given the opportunity to bring sanity to their party through an elective congress,” he stated.
The applicants were represented by Rammika Tafa Attorneys while Diba Diba represented the respondents.