Court suspends Ramogapi’s BHC board powers
Mpho Mokwape | Monday July 6, 2026 06:00
Justice Mokwadi Gabanagae on Tuesday ordered that the June 26 ruling obtained by Ramogapi be temporarily stayed with immediate effect and also barred the Minister from implementing any part of that order until the court hears an application seeking to have it set aside. The court also issued a rule nisi (temporary court order), directing Ramogapi and the Attorney General to appear before the High Court on July 13 to show cause why the June 26 order should not be rescinded.
Ramogapi had approached the High Court on an urgent and ex parte basis on June 26 after dissolving the BHC Board. In his application, the Minister argued that because there was no functioning board, the corporation faced a governance vacuum that threatened its day-to-day operations. He asked the court to declare that, as the Minister responsible for BHC, he could lawfully perform the statutory functions of the Board until a new board was appointed.
The High Court granted the order him sought, effectively allowing Ramogapi to exercise powers that would ordinarily belong to the BHC Board. The Minister subsequently relied on the ruling to validate decisions taken after the dissolution of the Board, including actions linked to the ongoing leadership dispute at the corporation. However, three senior BHC executives, Richard Chilisa, Pogiso Thapelo and Samantha Chabata, are challenging both the order itself and the manner in which it was obtained from the court.
They argue that they were never joined in the proceedings even though the order directly affected their employment and the legal disputes already before the courts. According to the executives, the June 26 order was obtained without informing the court that there were already pending cases challenging both the appointment of Acting General Manager Selinah Busang and the termination of their employment.
They further argue that Ramogapi cannot lawfully assume powers that Parliament specifically vested in the BHC Board. 'The court cannot, with respect, through declaratory relief, confer upon the Minister powers which Parliament has expressly vested in a multi-member Board constituted in accordance with the Botswana Housing Corporation Act,' Chilisa states in his founding affidavit.
The executives also challenge Ramogapi's authority to institute earlier proceedings in his official capacity without involving the Attorney General. They argue that under Section 3(2) of the State Proceedings (Civil Actions By or Against Government and Public Officers) Act, only the Attorney General, or a person authorised by that office, may institute legal proceedings on behalf of a Cabinet Minister acting officially.
'It was unlawful for him to purport to act in his capacity as Minister and sign a power of attorney authorising Kanjabanga and Associates to institute proceedings on his behalf. The proceedings through which an ex parte order was granted were in fact a nullity,' the court papers state.
Justice Gabanagae's latest order does not determine whether Ramogapi acted lawfully. Instead, it preserves the status quo while the court considers whether the June 26 ruling should be rescinded. The court ordered that the June 26 order be suspended immediately and restrained Ramogapi from giving effect to any part of it until the rescission application has been determined.
The executives are also asking the High Court to declare that only the Attorney General, or a person authorised by that office, may institute legal proceedings on behalf of a Cabinet Minister acting in an official capacity. They are further seeking an order requiring Ramogapi to personally pay the costs of the application.