Palapye CS threatens attorney over 'improper' letter
Innocent Selatlhwa | Wednesday August 19, 2026 06:00
In a strongly worded response dated August 17, Kuti maintained that Kabo Ketshogile remains the lawful council chairperson because the ministerial decision reinstating him has not been overturned by a court. Kuti was responding to an August 12 letter from Tony Matilo Attorneys, acting for Ikanyeng, which demanded that the deputy chairperson lead all council proceedings until the High Court decides the leadership dispute. Kuti accused the lawyers’ letter of being “highly irregular and improper” despite its reliance on the sub judice rule.
The council secretary argued that the rule was meant to stop people, including lawyers, from making comments that could prejudice the Administration of Justice. In Kuti’s view, the demand sought to influence council proceedings before Justice Moncho Moncho delivers his ruling on September 28. Kuti described the letter as a deliberate attempt to bypass the judicial process and pre-empt the court’s decision.
The council secretary said it was not for that office to decide who should preside while the High Court was considering the question. The response further claimed that Ikanyeng had previously sought and later withdrawn an application for an interim interdict. Kuti argued that the lawyers were now trying to obtain through a letter the same relief their client had abandoned in court. On Ketshogile’s position, Kuti said the June 1 decision by Minister of Local Government and Traditional Affairs Ketlhalefile Motshegwa remained in force. The minister rejected the May 26 council resolution that removed Ketshogile and resulted in Ikanyeng being elected chairperson. According to Kuti, the council remains bound by the minister’s directive until a competent court sets it aside. Kuti also rejected the argument that the deputy chairperson should preside because the chairpersonship is contested.
The council secretary said Ketshogile was available, not incapacitated and capable of performing his official duties. Kuti cited Standing Order 8.2.2, which allows the deputy to preside when the chairperson is absent or incapacitated. Kuti also referred to Standing Order 14.6.5, saying it allows the deputy chairperson to preside where a motion of no confidence against the chairperson is being considered. As neither condition applied, Kuti said allowing the deputy to preside would violate the council’s Standing Orders and the Local Government Act.
The council secretary also objected to Matilo Attorneys writing directly to the council when it is represented in the pending case by Masilo-Mpofu and Associates and Ndlovu and Company. Kuti said correspondence about the litigation should be addressed to the attorneys of record. The council secretary warned that future correspondence of the same nature would not be entertained and would be referred to the Law Society of Botswana for appropriate action. Kuti concluded that Ketshogile would remain in charge unless the High Court rules otherwise.