BPF accuses judge, ministers of interference
Innocent Selatlhwa | Monday August 14, 2023 06:00
The complaint targets key figures including Justice Michael Motlhabi of the Lobatse High Court, Minister of Agriculture, Fidelis Molao and Minister for State President, Kabo Morwaeng.
The controversy stems from two separate cases, Case No. UAHGB-000104/23 and Case No. UAHGB-000199/23 involving the BPF. In the former, concerning the matter before Justice Motlhabi, the BPF alleges that a Court Order was leaked to Morwaeng through a WhatsApp group called "12th Parliament" even before the order was officially announced in court. The BPF further alleges that this pre-announcement leak could only have originated from Justice Motlhabi's office, therefore raising concerns of potential misconduct.
"We are cautious not to draw any inference from this strange occurrence and the involvement of Motlhabi," stated the BPF in its complaint, adding that it believes a formal investigation is necessary.
The party argues that the leaked court order raised eyebrows, as it seemed to provide political figures with privileged information ahead of the litigants themselves, thereby warranting an inquiry into possible misconduct by Justice Motlhabi and Morwaeng.
“In the matter before Motlhabi, in Case No. UAlHGB-000104/ 23, we learnt of the rule nisi that was subsequently issued by Motlhabi on the same day in a WhatsApp group from a message from Morwaeng, from his number in a WhatsApp group called 12th Parliament, a group comprising of Members of Parliament. Morwaeng posted the Court Order in the 12th Parliament WhatsApp group even before the order was read out in court by Motlhabi. It is clear that Motlhabi's order was leaked to Morwaeng even before the parties before Court could have sight of it. It cannot be correct that as litigants, we see Court Orders from politicians such as Morwaeng even before such Court Orders are pronounced in court,” the party stated.
In the party's view, the Court Order was deliberately leaked from Motlhabi's office. “We are cautious not to draw any inference from this strange occurrence and the involvement of Motlhabi hence we invite your good office to investigate this matter to the fullest extent possible. It cannot be right for Morwaeng, a member of Cabinet, to be aware of a Court Order of a judge before us, when we were waiting in court for the judge to pronounce his ruling. We are of the view that a prima facie case for misconduct against Motlhabi and Morwaeng exists warranting a formal investigation. Our Members of Parliament are members of the 12th Parliament WhatsApp group and had sight of the message from Morwaeng,” the BPF wrote.
Contacted for a comment through a phone call, Morwaeng could not comment indicating that he was in a meeting. He would add:"I am unable to help you because i do not know you. I cannot confirm who you say you are. What if you are impersonating?" he said before hanging up.
The BPF's complaint also addresses Case No. UAHGB-000199/23, where the party claims that Molao, the Minister of Agriculture, publicly declared that if Justice (Zein) Kebonang ruled unfavourably for ousted BPF president Biggie Butale, an appeal would be taken to the Court of Appeal, where there are allegedly "more favourable judges." This statement, according to the BPF, made in the presence of other parliamentarians, has caused significant consternation.
“On yet another matter involving the BPF and/or its members, we have learnt with shock that Molao has publicly stated that in the event that Justice Kebonang ruled against Butale, they, as the Botswana Democratic Party (BDP), will ensure that the matter is appealed to the Court of Appeal, 'where there are more favourable judges' who will preside over the appeal and overturn the judgement of Kebonang. This shocking statement by Molao was made in the presence of other members of Parliament, including a BPF MP,” they wrote.
Highlighting the importance of an independent Judiciary, the BPF emphasised: "The Judiciary is the last line of defence in our constitutional democracy and must be protected from political interference." The BPF states that their concern lies not only in the alleged misconduct but also in the potential erosion of the Judiciary's credibility due to perceived political influence.
Reatile reiterated the party's plea for a thorough investigation into these allegations. "Nothing short of a formal investigation will suffice," Reatile asserted.
The matter became publicised before Justice Motlhabi on August 7, 2023 just before he could deliver a sentence to some nine BPF national executive committee (NEC) members whom he found in contempt of court. Quizzed about the BPF concerns, Molao told Mmegi in a WhatsApp response: " I cannot dignify delusions grandeur with a comment. Ko Bokalaka re are mpengo u no tatigwa kwa a no enda (Don't argue with a fool as people might not notice the difference)."
On July 24, Justice Motlhabi of the Lobatse High Court ordered the annulment of the June 5 suspension of former BPF president, Biggie Butale. Justice Motlhabi deemed the orchestrators of Butale's suspension, including the 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 respondents were given seven days to submit mitigation affidavits following the Court Order. A sentence related to their contempt was scheduled for August 7 (yesterday). However, on the day, none of the respondents were present for their sentencing, leading Justice Motlhabi to contemplate issuing arrest warrants. The respondents' attorney, Joram Matomela, extended their apologies, citing a misunderstanding about their absence in court. Motlhabi briefly adjourned the proceedings and upon resumption, Matomela informed the court that his clients had been contacted and were en route. The sentencing, initially postponed to 5pm, began slightly before 4pm as respondents arrived, save for the three – Khama (believed to be in Italy), Tshekedi (in South Africa), and Mokwena (unwell).
Before the sentencing commenced, Matomela requested Justice Motlhabi to recuse himself, citing formal complaints of judicial misconduct and political interference communicated to the Chief Justice.
Justice Motlhabi questioned the timing of the application and dismissed it promptly. He indicated that if reasons were needed, they will be submitted within seven days.