Bagammangwato royals clash in court
Innocent Selatlhwa | Tuesday December 19, 2023 07:03
Justice Chris Gabanagae of the Gaborone High Court is scheduled to preside over a case on Tuesday wherein Bagammangwato royals, led by former president Khama, are contesting government's denial of access to the Kgotla. The applicants, comprising individuals such as Ian Khama, Rasebolai Kgamane, Mokhutshwane Sekgoma, Phokontsi Seeletso, Seretse Peter Khama, and the Bagammangwato tribe, represented by the first five applicants, are challenging the restrictions imposed by the authorities.
The respondents in the matter include Serogola Seretse (Mothusa Motshwarelela Bogosi jwa Gammangwato), the District Commissioner of Serowe Administrative Authority (SAA), the Director of the Department of Tribal Authority, the Minister of Local Government and Rural Development, the Commander of the Botswana Defence Force (BDF), the Commissioner of the Botswana Police Service (BPS), the Director General of the Directorate of Intelligence and Security (DIS), and the Attorney General (AG), collectively serving as the first to eighth respondents.
They are represented by Advocate Sidney Pilane. According to the notice of motion prepared by their attorney, Tapiwa Abel of Abel Lawyers, the applicants are urgently seeking various orders from the court. These include a rule nisi calling upon the respondents to justify why certain orders should not be finalised.
The applicants intend to pursue legal proceedings, including an application for a writ of mandamus to compel the Minister of Local Government to appoint Seretse Peter Khama as Motshwarelela Bogosi Jwa Bagammangwato. Additionally, they sought a writ of certiorari to review and set aside Serogola Seretse's decision, which denied the applicants access to the Bagammangwato main kgotla in Serowe (referred to as the kgotlakgolo). Furthermore, the applicants plan to challenge the constitutionality of what they term the respondents' ongoing infringement on their freedom of expression and freedom of assembly and association.
The applicants aim to restrain the first to seventh respondents and any persons acting under their authority from unlawfully limiting their freedom of expression and assembly. This includes obstructing meetings, denying access to the kgotla, and imposing restrictions on the content of speech at tribal gatherings.
The interim orders, effective immediately, are pending the finalisation of legal proceedings. They specifically address a meeting which was scheduled for December 16 at 10am in Serowe. This meeting was intended to discuss Bogosi Jwa Gammangwato issues, present the designated Motshwarelela Bogosi Jwa Gammangwato (the fifth respondent), and deliberate on other tribal concerns. They also want Serogola Seretse to be interdicted, restrained, and prohibited from acting or purporting to act as Motshwarelela Bogosi Jwa Bagammangwato.
They want these orders to operate immediately and as interim measures until the return date of the application. The matter landed on Gabanagae’s desk late Friday afternoon after several judges recused themselves from the matter. Justice Barnabas Nyamadzabo was the first but let the matter slide because he had other urgent applications to attend to. Justice Ranier Busang was then handed the matter but recused himself citing conflict of interest. Justice Boipuso Makhwe would be assigned the case but also recused herself.