BDP ‘Fours’ break the law

Mpho Mokwape | Monday August 3, 2026 06:00

The MPs popularly known by a moniker of 'Fours' because of their inferior number four in Parliament, say they forgot about the requirement and did not know the consequences of failing to comply.

The admission is contained in a founding affidavit filed before the High Court by Kgatleng East MP Mabuse Mopati Pule on behalf of himself and fellow MPs Karabo Socraat Gare, Kagiso Thomas Mmusi and Palelo Keitseope Motaosane.

The affidavit formed part of an urgent application seeking the High Court's permission to submit the returns out of time.

'Admittedly, we have erred,' Pule said in the affidavit.

'The infraction, though, is quite pervasive or prevalent amongst members of Parliament. It is not one peculiar to one or more or to all the four of us only.'

The four legislators admitted they failed to submit election expense returns within the 90 days required under Section 87 of the Electoral Act after the declaration of the 2024 General Election results.

'We were required, following the declaration of the results of the General Election... to render an elections expenses return to the Returning Officers in our respective constituencies. Rendering returns, we did not do,' Pule said.

The MPs told the court that they only realised the seriousness of the omission after attempting to submit the documents months after the deadline had passed.

Pule said he traveled to the Independent Electoral Commission office in Mochudi on July 8 intending to submit his return but officials refused to accept it because it was late.

'Upon arrival there, the officials refused to take the return and drew my attention to the said provisions which we have not complied with and advised that I should come and obtain a condonation or an excusing order from this court,' he said.

He said he then sought legal advice from Advocate Mmusi Kgafela.

According to Pule, it was during those consultations that the four MPs became aware of the full legal consequences of failing to submit the returns on time.

'He discovered where the problem was and advised, amongst others, that, firstly, we have exposed ourselves to criminal sanction, secondly, technically speaking, we are not entitled to sit in Parliament and consequently we are not entitled to vote,' Pule said.

The MPs told the court that although they knew election expense returns had to be submitted, they were unaware of the 90-day deadline and the legal penalties attached to missing it.

'It was not out of sheer refusal, gross neglect or recklessness that we did not comply, but it was out of lack of knowledge about the promptitude with which we were required to render the said returns and lack of knowledge of the peremptoriness thereof and the consequences attendant upon non-compliance,' Pule said.

He added: 'Admittedly, we have known but owing to dumbfound forgetfulness, totally forgot that returns must be rendered.'

The affidavit states that the MPs believed they had technically become disqualified from sitting and voting in Parliament because of their failure to comply with the law.

'We have also technically become disqualified from, firstly, voting in the National Assembly and, secondly, sitting therein in terms of Section 87(3) of the Act,' Pule said.

He said that despite this legal position, Parliament had continued to operate normally because many MPs had allegedly not complied with the same requirement.

'Many Members of Parliament are not aware of this obscure provision under the Electoral Act, and that is why this infraction... is remarkably pervasive,' he told the court.

Pule further stated that after obtaining legal advice, the four MPs decided to stop attending Parliament until the court dealt with their application.

'Our counsel advised us to refrain from attending Parliament since, technically for now, we are disqualified from sitting in and voting thereat... We will, accordingly, refrain from attending it until this court grants us the condoning Order,' he said.

The affidavit also outlines the penalties the MPs believed they faced if the matter was not resolved.

'As we speak, we are exposed to a fine not exceeding P7,500 or to imprisonment for a period not exceeding two years or to both,' Pule said, referring to the Electoral Act.

The MPs also argued that continued non-compliance could affect their political future.

'We stand exposed to being denied the right to contest the 2029 General Election by virtue of the provisions of Section 104 of the Electoral Act... should the Director of Public Prosecutions... secure our convictions,' Pule said.

The affidavit reveals that IEC officials had begun contacting Members of Parliament in early July to remind them about the outstanding returns.

Pule said he received a call from an IEC officer on July 3 advising him that he had not submitted his return.

The second applicant, Kagiso Thomas Mmusi, also allegedly received a similar call from an IEC official, while Motaosane said he was approached by an IEC official during a parliamentary workshop at Cresta Lodge in Gaborone.

Pule told the court that after learning of the issue, he informed his fellow BDP MPs through a WhatsApp group used by members of the party in Parliament. He said discussions with colleagues suggested that the problem was widespread and not limited to the four applicants.

'It sounds to us like the IEC has gotten afoot with urging all members of Parliament to comply and render a return of election expenses,' he said.

The applicants argued that they approached the court urgently because they believed their inability to sit and vote in Parliament would affect both their constituencies and the work of Parliament.

'The exercise of this right to sit in and participate in proceedings and to vote in Parliament is the very essence of membership of Parliament and representation of a constituency,' Pule said.The MPs also warned that prolonged delays in resolving the matter could have wider consequences if more legislators were found to be in the same position.'There is also the real risk of collapsing Parliament,' Pule said.

'A vast majority of Members of Parliament have not complied with Section 87 of the Electoral Act and are as exposed as we are.'

The High Court subsequently granted the four MPs condonation for their late filing, authorised returning officers to receive their election expense returns out of time and ordered them to submit the outstanding returns within 30 days. The court also ruled that the condonation order would lapse if the returns were not filed within that period.