SPTC withdraws mayoral poll re-run motion

ONALENNA MODIKWA
Staff Writer | Thursday December 10, 2009 00:00

The motion was tabled by councillor Godfrey Mbaiwa following an urgent application by four ruling Botswana Democratic Party (BDP) councillors to the town clerk seeking the same. Prior to the council proceeding, councillor Evelyn Kgodungwe requested that the council moves straight to the motion, lest they might find themselves stamping decisions with a mayor who might turn out to be illegitimate.

After the motion was seconded, the Mayor Lekang Mukokomani went ahead to deliver his speech in his discretion saying that there is no conflict of interest in that the motion is not about him in person but about the council of Selebi-Phikwe. After the speech, he asked the town clerk to give guidance about the tabled motion before the mover could table it. Matenge indicated that the motion had been brought before council like any other motion and said he sought legal advice from the attorneys. 'I did that after referring to the Township Act for guidance, unfortunately all sections did not help us to address the issue.'

The guidance that the council got from the attorneys is that there is nowhere in the Act indicating which way to take if elections were not properly conducted and that there would be problems if the motion was tabled because the very councillors are the ones who elected the two into office therefore cannot be the ones calling for the nullification of the elections except if it goes to the High Court.

The council therefore can seek nullification and re-run of the elections only through the High Court not through the motion. Mukokomani advised those supporting the motion that they are at liberty to contact attorneys for clarification. At this point, Mbaiwa argued that his motion is only challenging the law not anybody on personal grounds. He said the council is the one supposed to mandate the town clerk to seek legal advice therefore he wanted his motion to be tabled and debated. Matenge indicated that he has the right to seek advice where necessary and he can outsource the services when need arises. 'My request for legal advice was administrative and it is not preventing the motion to be tabled.'

The mayor then demanded the mover of the motion to quote legal provisions in the Act that accords him the right to push for the motion. Councillor Tebogo Matlhogonolo on the other hand said his main problem is that there is conflict of interest on the issue and said he strongly objected the chairing of the matter by the sitting mayor who is also the affected party. 'I am calling for a declaration of interest.'

The mayor retorted: 'What you are saying is out of order. My ruling is not debatable and I will never allow you to derail this business. This is not about a particular person but the council so you must challenge the procedure.'

He added that the motion can only proceed if any councillor can quote from the standing order any section empowering them to go ahead with the motion.

At this point some councillors requested Mbaiwa to withdraw the motion, arguing that pushing to table it would not take the council anywhere. 'If the complainants want to push it further through the legal route, they can do so. They cannot even quote sections from the standing orders so let us leave jealousy and let capable people to lead the council,' said councillor Koos Mashaba.

The District Officer Khumo Keeng intervened and quoted section 51 and 52 of the standing order and added that the mover of the motion can withdraw it but it still can be tabled in the sitting. 'Go study the legal document and come and table the motion under section 52. There is no stipulated period for objections.' Mbaiwa stood up and withdrew the motion, for the time being.

Some ruling party councillors are calling for the nullification of the elections and are quoting Township Act Cap 40:02 Section 11 (8) and 12 (6).

The argument is that any person who is a candidate in the election to the office of the mayor should not speak or vote in the elections. The two candidates - Mukokomani, and Bathaedi Mponwane, the deputy mayor, voted.