Butale substitutes attorneys

Chakalisa Dube | Monday October 2, 2023 06:00

Rammika was behind Butale’s two previous court wins.

It was after his recent loss before Justice Zein Kebonang that Butale would then dump Rammika for Kole. Butale’s notice of changing attorneys was made on September 26, 2023, a date he would have received a judgement in an ex parte application he had filed through Kole and subsequently withdrew before judgement could be delivered.

Quizzed on the switch of attorneys, Butale said it was personal. Butale, through Kole, on September 19, 2023 attempted to obtain a judgement and get reinstated without serving the BPF, its national executive committee (NEC) and president Mephato Reatile in an ex parte application. However, less than 24 hours later, Butale and Kole withdrew the matter.

'Further, take notice that the applicant abandons the order setting down the matter for ruling on the 26th September 2023. Note further that the said proceedings having been ex parte, this withdrawal and abandonment are without a tender of costs,' stated the notice of withdrawal and abandonment. Reports suggest that the BPF's NEC only became aware of Butale's pursuit of judgement through a local newspaper, while they awaited a date for the review application. Butale was quoted in The Botswana Gazette, affirming his belief that he is the legitimate president of the BPF and emphasising his expulsion without a proper hearing.

He mentioned anticipation for a forthcoming judgement as the BPF NEC had failed to submit their notice of defence. When BPF attorney, Kago Mokotedi was questioned about the developments, he expressed surprise, explaining that they had been exchanging legal documents in preparation for the review application.

The sudden application from Butale and his attorney was discovered through the media. Consequently, Kole was warned to withdraw the matter, or they would file for case dismissal and seek costs de bonis propriis, which is an order made against attorneys for serious negligence. “I can confirm that there was an attempt to snatch an order ex parte by the applicant.

We had not been served with a set down or the reasons why they seek judgement ex parte when we are still exchanging pleadings. The Applicant may have acted out of desperation, impulsiveness or on a wrong appreciation of the law. The Applicant’s attorneys have since abandoned their ex parte application for judgement.

In any event, I doubt the review application would have succeeded even in our absence given the patent structural deficiencies of the review application,” Mokotedi said. Meanwhile, Butale has refuted the claims. “We had expected the judge to deliver the judgement on the same day of the application. But, she said it would be delivered in seven days.

That would give the respondents a chance to file for condonation, making our exercise futile, hence the withdrawal,” he said. Butale had previously filed a review application before Justice Boipuso Makhwe, seeking a stay of the decisions made by the BPF and its NEC to suspend and expel him. These decisions were conveyed in letters dated July 4, 2023, and July 13, 2023, respectively. Additionally, Butale sought an order compelling the respondents to explain why they should not provide a complete record of the proceedings related to his suspension and expulsion within seven days. Butale, who had faced two prior suspensions, ultimately lost his position as BPF's leader after the third suspension and subsequent expulsion. He sought recourse through the courts, with Justice Zein Kebonang ruling in favour of the faction led by Reatile.

Despite initially filing an appeal with the High Court, which he later withdrew, Butale persisted by filing a review application and an interlocutory application for a stay pending review. While the review was with Justice Makhwe, the stay application went before Justice Itumeleng Segopolo, who dismissed it, stating it was not within his purview. Undeterred, Butale persevered by filing the same matter before Justice Makhwe, who also dismissed it. Now, Butale's aspirations hinge on the pending review application.