Cllr suffers double blow
Tsaone Basimanebotlhe | Monday February 9, 2026 09:12
Section 60 of the Local Government Act clearly states: “Notwithstanding any other provision contained in this Act, the Minister may, by order published in the gazette, suspend any member of a council, other than an ex officio member. Upon suspension, the member shall cease to hold office, and the Minister may also declare the seat of any such member to be vacant”. This provision grants the Minister sweeping powers, allowing for the suspension of council members or the revocation of their seats.
Even if many Ministers have not used the clause, such powers are granted. This section of the law empowers the Minister to take immediate action when necessary, providing a means of swiftly removing individuals from office while an investigation or legal process takes place. It is an essential tool to prevent individuals facing serious allegations from continuing to hold positions of power within Local Government. The law, however, does make an important exception for ex officio members, who are not subject to the same rules as elected representatives. In that regard, Minister Motshegwa has suspended nominated councillor Mmusi Jerry, a member who is facing serious accusations of defilement.
Jerry is a nominated councillor for the Botswana Patriotic Front (BPF) at Shashe West constituency. In light of these charges, the BPF had called on the Minister to intervene and revoke Jerry’s council seat. The BPF had announced that it formally notified the Minister, urging him to take action to uphold the integrity of the Local Government.
According to a press release issued by the BPF president, Lawrence Ookeditse, dated February 2, 2026, it reads: “We wish to inform the public and party structures of the immediate suspension of Jerry from the BPF. The BPF national executive committee, in exercise of its powers under clause 15,4,2 of the BPF constitution, made the decision to suspend Jerry due to serious allegations that are already before the courts of law. Meanwhile, we will also be notifying the Minister of Local Government and Traditional Affairs of this suspension and urging him to revoke his council seat.”
Furthermore, the BPF president said his party has a zero-tolerance policy for sexual abuse, and more so, the sexual abuse and exploitation of children. The press release further highlighted that the country is grappling with extremely high cases of rape and defilement, and they do not expect any leader or member of the party to commit any such violations.
“Had it not been for the rules of natural justice that dictate otherwise, we would summarily expel Jerry. Batswana women and girls deserve safe environments where they can determine the course of their lives without violations of any form,” he had said.
The suspension and revocation of a council seat are mechanisms that ensure the public can trust that local officials are held to high ethical standards, especially when they are accused of serious crimes. While the BPF is seeking immediate action, the Minister’s decision is expected to take into account both the legal process and the political implications of the case. Though the law provides the Minister with the power to suspend or revoke the seat, the process must be carried out with transparency and in accordance with due process.
As the case continues to develop, the public will be paying close attention to how the situation is handled. The ultimate goal is to ensure that council members who engage in unethical or criminal behaviour are held accountable for their actions.
Meanwhile, another clause on vacation of seats provides that the seat of a member of a council, other than an ex officio member, shall become vacant, upon his death; if, without having obtained leave from the chairman, he absents himself from three consecutive ordinary meetings of the council; if he is appointed to, or to act in, any office or place of profit in the gift or disposal of the council; he has been declared insolvent or adjudged or otherwise declared bankrupt under the law in force in any part of the Commonwealth and has not been discharged, or has made a composition with his creditors and has not paid his debts in full; if he is sentenced by a court in any part of the Commonwealth to death or to imprisonment for a period exceeding six months, or, having been under suspended sentence for such a term imposed by such a court is ordered by the court to serve that sentence: Provided that the Minister may at the request of the member from time to time extend for a period of 30 days his vacation of office under this paragraph, to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time shall not exceed 90 days in the aggregate.
It further states that if at any time before the member vacates his seat, he is granted a free pardon or his conviction is set aside or his sentence is reduced to a period of imprisonment of less than six months, or some lesser punishment is instituted for such imprisonment, his seat shall not become vacant.