One more blow to BDP

Isaiah Morewagae | Thursday December 12, 2013 17:27

 

A panel of three, Judge President Ian Kirby and Justices Isaac Lesetedi and Elijah Legwaila concurred in dismissing BDP with costs.

Last month, the BDP appealed High Court judge Terrence Rannowane’s ruling affirming the decision of Independent Electoral Commission not to accept Moswaane’s nomination to contest the by-elections. R

annowane had found that at the time of submission by Moswaane the interim order by another judge Tshepo Motswagole prohibiting Moswaane from submitting nomination papers was still operational.  Yesterday, the Court of Appeal confirmed Rannowane’s position, further reasoning that the concept of the rule of law obligated IEC to obey the court order issued by Justice Motswagole and accordingly declined to accept nomination papers from Moswaane.

“Court Orders are to be taken at face value and should be respected without debate,” Kirby said.

The judges stated that IEC was legally justified and obliged to respect the said court order by refraining from accepting such nomination papers. Justice Kirby stressed that they were satisfied that Rannowane’s approach was correct, hence the case was dismissed with costs.  On the eve of the polls, November 23, President Ian Khama, through the then acting president, Ponatshego Kedikilwe issued a proclamation postponing the by-elections to January.

He cited public interest, using a now disputed petition as reason for the action.

Now, as the BDP lawyer and chairman of the elections board, Parks Tafa has suggested before, President Khama can save his party by withdrawing election writ.

A new writ would open the door to BDP candidate to submit nomination form to contest the by-elections.  As things stand, the contest is between the opposition parties, the Botswana Congress Party and the Botswana Peoples Party supported by cooperation partners, Umbrella for Democratic Change.