Butale continues fight: no retreat, no surrender
Innocent Selatlhwa | Monday August 7, 2023 14:17
The Mephato Reatile-led faction of the party, following a recent court victory, may have already popped the champagne and made significant party decisions, but Butale is not ready to concede just yet – he has decided to fight back and filed an appeal.
Justice Zein Kebonang’s recent court order had affirmed BPF’s decision to expel Butale, and the party wasted no time in announcing Reatile as their new leader, while also calling for an elective congress soon.
Party spokesperson, Lawrence Ookeditse expressed renewed hope within the ranks, declaring that the dark days were finally over. However, Butale is determined to spoil their celebrations and reclaim his membership and presidency. He has appealed with the apex court, dissatisfied with the lower court’s ruling that declared him suspended and expelled from the party.
Butale seeks relief from the Court of Appeal (CoA) and is supported by his legal team, who have outlined the grounds for the appeal. The appeal challenges Justice Kebonang’s judgment on several fronts. Butale’s legal team argues that the lower court failed to adequately consider crucial evidence relating to fraud and perjury that were vital to the case.
They also question the need to involve the entire BPF in the proceedings, as Butale contends that he lodged the suit against specific ‘troublemakers’ within the party. Amongst other grievances, the appeal raises objections to the court’s assertion that Butale should have obtained a resolution from the BPF before initiating legal action as the party’s president. His legal representatives argue that such a requirement was unnecessary and the court made an erroneous decision.
The appeal also disputes the High Court’s improper conclusions regarding the validity of Butale’s claims and the decisions made by the internal structures of the BPF. It points out that the court considered matters that were not even part of the initial case presented by Butale, such as the alleged lack of service to Tshekedi Khama.
Furthermore, Butale challenges Justice Kebonang’s decision to award the costs of the suit against him at the attorney and client scale, claiming that this cost award was unjustified and should be revised.
In light of these grounds of appeal, Butale seeks specific relief from the CoA. Firstly, he requests that the appeal be upheld, and the High Court’s decision be overturned. Secondly, he urges an interim stay against the purported suspension and expulsion until the appeal’s outcome. Finally, Butale seeks the matter to be referred back to the lower court for reconsideration with oral evidence, to be heard before a different judge.