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Ketshogile chairs PDC despite legal demand

Ketshogile
 
Ketshogile

The developments come despite a demand from David Ikanyeng’s lawyers that neither claimant should preside whilst their court dispute remains unresolved. An announcement posted on PDC’s official Facebook page on Friday stated that the council session would run from August 17 to 25, starting at 9am daily.

It indicated that the council would proceed with Ketshogile in the chair. However, the notice made no mention of the lawyers’ demand or the pending court ruling. Ketshogile started the session by delivering the chairman’s speech to set the tone for the meeting.

The session is scheduled for seven working days, closing next Tuesday, according to the council notice.

Tony Matilo Attorneys had written to the Council Secretary on August 12, demanding that the deputy chairperson lead all council proceedings until the High Court determines who is entitled to chair PDC.

The firm represents Ikanyeng, the Tamasane Ward councillor who was elected chairperson after councillors voted to remove Ketshogile on May 26.

According to the letter, Ketshogile was removed through a notice of motion, and Ikanyeng was elected on the same day.

However, on June 1, Minister of Local Government and Traditional Affairs Ketlhalefile Motshegwa rejected the council resolution and directed that Ketshogile be reinstated.

Ikanyeng was installed as chairperson on June 2 and later filed a review application challenging the minister’s decision. Arguments on a preliminary point were heard by Justice Moncho Moncho in Lobatse on August 7. The judge is expected to deliver his ruling on September 28.

Matilo argued that the court could rule either way and that council officials should not act as though the leadership question has already been settled.

“Nobody knows, and it is best that the decision is not pre-empted,” the lawyers reasoned in the letter.

They described the dispute as sub judice and urged the Council Secretary to declare the chairperson unavailable.

Under their proposal, the deputy chairperson would preside over the session beginning Monday and any further meetings until the court proceedings are finalised.

The lawyers warned that allowing either Ketshogile or Ikanyeng to chair could place decisions taken during the session under a cloud if the court later finds that the presiding councillor was not the lawful chairperson.

They argued that using the deputy would protect the council from having its proceedings led by someone whom the court may later find was not the lawful holder of the chairperson’s office.

PDC’s latest announcement now sets the stage for another tense council sitting. The battle has divided councillors and disrupted the work of the local authority for several months.

Ketshogile is a nominated councillor aligned to the Umbrella for Democratic Change, whilst Ikanyeng is a Botswana Patriotic Front councillor for Tamasane Ward. Their contest has also exposed political differences within the council.