Opposition in court to fight PHK order
Tshireletso Motlogelwa | Friday November 22, 2013 14:56
Last night, the Umbrella for Democratic Change and the Botswana Congress Party (BCP) were engaged in meetings with their legal teams to launch an onslaught against Vice President Ponatshego ‘PHK’ Kedikilwe’s postponement of the by-election in the constituency.
In short the parties want the by-election held this weekend as scheduled and Kedikilwe’s move dismissed. The parties were scheduled to file their papers last night, with a view to arguing their case today (Friday), the last working day before the original date of the by-election tomorrow. UDC president, Duma Boko who is also a legal advisor to the party spoke to Mmegi last night during a meeting of the legal team representing UDC candidate Shatiso Tambula. Boko said they would challenge the decision of PHK on various grounds because it was taken with ulterior motives to “smuggle the BDP back into the by-election”. The BDP has failed to field a candidate for the by-election as a result of internal wrangling and court challenges and the postponement is seen as an attempt to solve the problem.
“It was irrational,” Boko said in reference to Kedikilwe’s decision. He said that the decision is discriminatory in that it only took on board the views of the BDP, to the exclusion of all other players such as the opposition parties. Boko said another point they would raise is that the decision had not been published in the Government Gazette as per the stipulations of the Electoral Act and hence could not take effect. “The decision would only take effect upon publication in the Government Gazette so we would argue that it is ineffective until such time,” he said.
Bogopa Manewe, one of the BCP lawyers said last night that they were engaged in a meeting to formulate their case. He explained that generally, they expected to file their papers last night and argue it anytime today. Manewe said the leadership of BCP had been spurred by the reaction from the party faithful who wanted them to act on the PHK decision. “Our members would not accept this situation. We are having a groundswell of anger and people want us to act,” he said last night before the nightlong meeting.
Meanwhile, the Independent Electoral Commission was still of the position last night that Kedikilwe’s pronouncement had not taken effect because it has not been gazetted.
The law says the adjustment of an election date can be done but would take effect upon publication in the Government Gazette, IEC spokesperson, Osupile Maroba told Mmegi. He said the situation is unique as it is the first time such a thing has happened in the history of elections in the country.