Opposition councillors proceed with lawsuit against FCC
Lesedi Mkhutshwa | Thursday June 12, 2025 10:53
The 10 councilors, six from the Botswana Congress Party (BCP) and four from the Botswana Democratic Party (BDP), gave the Mayor and FCC statutory notice of 30 days with the intention to sue the local authority through their lawyers Manenji Attorneys, weeks ago. According to reports, opposition council members have accused city mayor Gaone Majere of favouring the Umbrella for Democratic Change (UDC) council members, thus undermining the ideals of proportional representation and justice. In an interview with Mmegi, Nyambe stated that the council is yet to respond and comply with the 30 days statutory notice that ended as of Tuesday. He mentioned that he had reminded the Mayor about the statutory notice. Nyambe stated that the council wants the issue resolved out of court. If they are at all willing to reach an out-of-court settlement, he advised them to do so in writing or through their attorney.
'The matter will be registered before court on Friday if they do not respond promptly, but we are still awaiting a formal communication regarding the matter,' he continued. Nyambe gave an overview of the situation, stating that committee appointments took place during the Special Full Council in December. He indicated that although the UDC provided a list of committees and representatives, they rejected the idea, arguing that it was not the proper procedure. “They were able to obtain what they want because of their numbers. The opposing council members were 10 against 17,” he added. Additionally, Nyambe noted that they argued that the committees should be divided equally in accordance with the Standing Orders. “While some opposition council members are in one committee, some council members are in four, making them dominate committees,” he said. He further said the UDC council members abused their position to violate council standing orders and the law. According to Majere, they have not received anything in writing that they are being sued. He added that although opposition councillors have threatened to sue, nothing has been done yet. Majere stated that although they were open to negotiating with the opposition members, their persistent threats of legal action were the issue.
'They can take the matter to court and the law will take its course,” he added. Majere said they were also using the local government laws and Standing Orders. In the past, he stated that all decisions and resolutions were made in front of the opposition members during the Full Council session. The letter, addressed to Majere from Manenji Attorneys, reads that on behalf of their clients (opposition councillors) they give a statutory notice to sue the City of Francistown for failure to comply with Standing Orders of council.
Furthermore, it says that the council headed city mayor failed to comply with the council Standing Orders more especially orders 5.2 ( c) and (e), which require it to be mandatory to ensure that appointments of the committees shall be based on cross sectional representation (all parties represented in council). It requires the Francistown city council to ensure that appointments of committees are based on cross sectional representation of all parties represented in the council. “The gravamen of our clients is that the council has fragrantly violated the provisions of the above standing orders and more especially with the regards to the emphasised provisions Your office is mandated by Standing Order 3.3.1(7) to safeguard the privileges of the council and ensure adherence to legal and procedural compliance, including the Standing Orders,” said the lawyers.