Real court battle over Palapye District Council begins
Tsaone Basimanebotlhe | Friday August 7, 2026 10:59
It is a matter in which Botswana Patriotic Front (BPF) councillor, David Ikanyeng, is challenging the refusal by the Minister of Local Government and Traditional Affairs, Kethalefile Motshegwa to recognise him as the council chairperson. This came after some PDC councillors passed a motion of no confidence against their chairperson Kabo Ketshogile and subsequently replaced him with Ikanyeng. The matter, which has attracted significant public interest due to its implications for local government administration, was initially scheduled to proceed earlier this week. However, proceedings were postponed on Monday after Ikanyeng's legal representatives, Abel Attorneys, withdrew from the case.
Although no reasons for the firm's withdrawal were disclosed in court, it emerged that Ikanyeng had since appointed a new legal representative, attorney Olorato Sefawe. Upon assuming the brief, Sefawe requested additional time to familiarise himself with the court papers and prepare for the hearing, explaining that she had only been instructed on the morning the matter was due to proceed.Consequently, Justice William Moncho granted the request, giving the new legal team until Thursday to study the case. The judge directed that the trial should commence today, allowing both parties adequate time to prepare their arguments.
At the centre of the dispute is Ikanyeng's claim that he is the lawfully elected chairperson of the PDC following a vote of no confidence that removed former chairperson, Ketshogile, from office.
According to court documents filed before the High Court, Ikanyeng argues that the election was conducted in full compliance with the provisions of the Local Government Act of 2012. He maintains that councillors followed all the required legal procedures before electing him as the new council chairperson. Ikanyeng further contends that he secured the support of the majority of councillors during the vote, making him the legitimate holder of the office. He, therefore, argues that the minister acted unlawfully by refusing to endorse his election and recognise him as the duly elected chairperson. However, the Minister of Local Government and Traditional Affairs disputes that position. In court papers, the minister maintains that the process leading to Ikanyeng's election failed to comply with the Local Government Act (2012) as well as the PDC’s Standing Orders.
The minister argues that the motion did not receive the required two-thirds majority of councillors needed to lawfully remove the sitting chairperson and elect a replacement. As a result, Motshegwa insists that the legal requirements for the change in council leadership were not satisfied. Consequently, he maintains that Ketshogile remains the legitimate chairperson of the PDC. Therefore, the High Court is expected to determine whether the process that resulted in Ikanyeng's election complied with the law and whether the minister's refusal to recognise him was lawful.
The outcome of the case is likely to have far-reaching implications for the governance of the Council, as it will settle the dispute over who is legally entitled to occupy the council's highest political office. It may also provide judicial clarity on how provisions of the Local Government Act governing the removal and election of council chairpersons should be interpreted and applied in future disputes. With both sides expected to present detailed legal arguments, today's proceedings are anticipated to mark the beginning of what could become a significant test of local government law and ministerial authority in Botswana.