Butale launches another urgent application
Innocent Selatlhwa | Monday August 28, 2023 06:00
As a result Butale has now withdrawn his case at the Court of Appeal (CoA) to focus on the judicial review application.
Butale filed a review application before Justice Motlhabi and wanted stay of the decisions of BPF and its National Executive Committee (NEC) to suspend and expel him, which was communicated in letters dated July 4, 2023 and July 13, 2023 respectively. The respondents in the matter are the BPF, its NEC and current president Mephato Reatile.
High Court judge Justice Itumeleng Segopolo on Monday dismissed Butale’s urgent application for stay on grounds that it was not properly before him. Just before he could listen to the matter, Segopolo cast doubt that the matter could be wrongfully before him. He said the application for stay ought to have been listened to by Kebonang as the judge who made the ruling upholding Butale’s expulsion. In the other matter the BPF leader sought redress on or be taken up at the CoA.
Butale’s attorney, Kole Kole, was however steadfast that they were at the right place stating that the cases were materially distinct from one another. Kago Mokotedi, representing the respondents shared a judgment stating that a stay application should be made before either the court that would listen to the review application or an appeal.
While Segopolo suggested that the matter be referred to the relevant court, Mokotedi refused and called on the court to make a final determination. He insisted, stating that he had shared the judgment that could have led Kole to withdrawing the matter, but he went ahead with the matter.
Segopolo would then strike the matter out stating that it was wrongfully before him. He said it was upon the applicant whether to file the matter again at the relevant court or apply for an expedited appeal. Following the case, Butale filed to abandon his appeal and filed a fresh urgent application for judicial review of Kebonang’s ruling.
In his fresh application filed yesterday, just like the one before Segopolo, Butale wants a rule nisi issued returnable as soon as the matter may be heard, calling upon the respondents to appear and show cause why an order should not be made in the following terms: "The Applicant be and is hereby granted a stay of the execution and implementation of the decisions of the BPF and its NEC purportedly made and/or recommended by the Disciplinary Committee of the party on July 4, 2023 and July 13, 2023 respectively, to suspend and expel him as member of the Respondent and/or as the party president, pending the final end and determination of the review application filed simultaneously herewith to set aside the suspension and expulsion of the Applicant before the court," reads his court papers.
Furthermore the papers say, "The respondents are interdicted from taking any steps to organise an election or to appoint and/or approve any other person or candidate as party president other than the applicant; alternatively if any such appointment is already extant, then such appointee be and is hereby interdicted from discharging the functions of the office of president of the BPF and/or otherwise hold himself out to be president of the BPF''.
He also wanted a rule nisi issued returnable calling upon the respondents to appear and show cause why an order should not be made directing and ordering the BPF, its NEC and its disciplinary committee to despatch and deliver the complete and full record of the proceedings to the Registrar and to the Applicant's attorneys of and/or in relation to and/or in connection with the decisions to suspend and expel the Applicant as member and/or as the Party President of the BPF within seven days hereof.