Khama pleads with court to remove Serogola
Innocent Selatlhwa | Monday April 15, 2024 06:00
He wants his uncle, Serogola Seretse, removed from the position he resumed in 2022 following the expulsion of Sediegeng Kgamane. Ian, through his attorney Tapiwa Abel, last week filed a case at the Maun High Court with Khama and Seretse Peter Khama as first and second applicants while the Minister and Attorney General are first and second respondents.
According to their notice of motion, Ian wants the court to order a writ of mandamus (An order from a court to an inferior government official ordering the government official to properly fulfil their official duties or correct an abuse of discretion) compelling the minister to perform his statutory duty under Section 7(2) of the Bogosi Act (Cap 41:01) granted in the following terms: The former presidents wants the minister to be ordered to appoint Seretse Peter Khama as Motshwarelela Bogosi (regent) of the Bagammangwato tribe by an appointing notice published in the Government Gazette. He also wants the court to command the minister to publish the said appointing notice in the Gazette within 30 days of delivery of the court order.
“The Second Applicant shall be installed as Motshwarelela Bogosi of the Bagammangwato tribe at the Bagammangwato main kgotla at Maaloso Ward in Serowe in accordance with Bagammangwato custom. For purposes of this paragraph of the order, the First Applicant (Khama) is directed, through his royal uncles, to gather members of the Bagammangwato tribe to a meeting at the said kgotla for purposes of installing the Second Applicant (Seretse Peter Khama) as Motshwarelela Bogosi of the Bagammangwato tribe,” reads the court papers. The applicants further want the said installation to occur within 30 days of the date of publication of the Government Gazette containing the appointing notice.
They also want the minister, or any person acting through him, to be directed to grant members of the Bagammangwato tribe access to the said kgotla for purposes of the installation. They further want Seretse Peter Khama to commence his appointment on the date of his installation. The former president wants the Respondents to be ordered to pay the Applicants' costs of suit on an attorney and own client scale, jointly and severally, the one paying the other to be absolved. In December, just before Justice Chris Gabanagae of the Gaborone High Court could preside over a case wherein Bagammangwato royals, led by their Kgosikgolo contesting government's denial of access to the Kgotla, the matter was withdrawn.
The applicants in the then urgent application comprised Khama, Rasebolai Kgamane, Mokhutshwane Sekgoma, Phokontsi Seeletso, Seretse Peter Khama, and the Bagammangwato tribe, represented by the first five applicants, were challenging the restrictions imposed by the authorities. The Respondents in the matter included Kgosi Serogola Seretse, 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 were represented by Advocate Sidney Pilane. The applicants were urgently seeking various orders including a rule nisi calling upon the respondents to justify why certain orders should not be finalised.
The Applicants made intentions known 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 Seretse's (Serogola) decision, which denied the applicants access to the Bagammangwato main kgotla in Serowe.
Furthermore, the applicants wanted to challenge the constitutionality of what they term the Respondents' ongoing infringement on their freedom of expression and freedom of assembly and association. The case was specifically to 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 (Seretse Peter Khama), and deliberate on other tribal concerns. They also wanted Seretse (Serogola) to be interdicted, restrained, and prohibited from acting or purporting to act as Motshwarelela Bogosi jwa Bagammangwato.