How BPF NEC escaped jail
Innocent Selatlhwa | Monday August 14, 2023 06:00
Interestingly, former president Ian Khama is the only one who was not handed a prison sentence due to his ‘outstanding’ mitigatory submissions. The case pertains to an impugned meeting held on June 5, 2023, involving the respondents, who are National Executive Committee (NEC) members.
Justice Motlhabi deemed the orchestrators of Butale's suspension, including secretary-general Tshekedi Khama, Lazarus Lekgoanyana, Ford Moiteela, Prince Bosilong, party patron Ian Khama, Motswasele Kganetso, Dr Kolaatamo Malefho, party spokesperson Lawrence Ookeditse, and Amogelang Mokwena, in contempt of the court order that Justice Matlhogonolo Phuthego delivered in April.
The applicants in the matter, ousted president Biggie Butale and Reitumetse Aphiri, had pleaded with the court to hold the nine NEC members in contempt and sought a 30-day imprisonment order against them. The aim, they said was to uphold respect for the court's authority and the integrity of its orders. The respondents, however, argued that if found in contempt, a warning, a suspended sentence, or a cost order would be more appropriate. Ian (Khama) submitted an affidavit in which he expressed remorse for his participation in the meeting. He emphasised his law-abiding nature and his belief that the meeting was properly convened.
He also highlighted technical difficulties with the audio link that limited his participation in the said meeting. Tshekedi (Khama), the secretary-general of the party, similarly stated that he believed the meeting was properly convened. He cited his genuine belief that it was an NEC meeting and expressed ignorance about the absence of Butale.
Like his elder brother Ian, he also said he experienced challenges with the audio link and power cuts. The court observed that both Ian and Tshekedi displayed a level of remorse and respect for the Constitution and laws of Botswana. Their status as former leaders, however, added weight to the seriousness of their contempt.
The other respondents presented their own affidavits, with each asserting their contributions to the public service and the community. They claimed ignorance about the court order and expressed a belief that the meeting was lawfully convened. Taking into account the individual circumstances of each respondent, Justice Motlhabi decided on appropriate sentences.
Ian (Khama) was given a warning due to his remorse and commitment to upholding the Constitution. For others, a 30-day imprisonment sentence was imposed, but it was suspended for 12 months, contingent on their good behaviour during the suspension period. Justice Motlhabi stressed the importance of upholding the rule of law and the integrity of court orders. He emphasised that contempt of court is not just a matter between parties but affects the authority of the judiciary.
Justice Motlhabi stated in his 23-page sentencing that he acknowledged the mitigatory factors presented by the respondents but decided to blend punishment with mercy, considering their reassurances to refrain from further legal infractions. However, a key consideration for the court was the potential impact of allowing leaders, with a substantial following, to disregard court orders. "If they are allowed to defy court orders with impunity, this will lead to chaos," the court noted, highlighting the potential for destabilsing consequences. The court raised concerns about the inclusion of individuals in the meeting who later claimed ignorance of a prior court judgement. The court deemed this an aggravating factor, emphasising that such actions could undermine the administration of justice and defeat the ends of justice. In determining the appropriate sentence, the court referenced previous legal cases, stressing that contempt of court is a serious offense and a "blunt instrument." The court's aim is to uphold the Constitution and enforce the rule of law, ultimately maintaining the public's trust in the judiciary's integrity.
As a result, the court ruled on the following sentences for the respondents: Ian Khama: Given a warning due to his considerable remorse. Tshekedi Khama, Lazarus Lekgoanyana, Ford Moiteela, Prince Bosilong, Motswasele Kganetso, Kolaatamo Malefho, Lawrence Ookeditse, and Amogelang Mokwena: Sentenced to 30 days imprisonment for contempt of court.
The sentences are suspended for 12 months on the condition that they do not commit a similar offense during the suspension period. The court further informed the respondents of their right to appeal against the conviction and/or sentence within a period of six weeks from the date of the sentence. The case highlights the delicate balance between maintaining the authority of the judiciary, preserving the rule of law, and considering the potential impact on public trust and stability.
The court's decisions reflect a determination to assert its authority while also taking into account the broader implications of its actions in a democratic society.