Marobela speaks out

Ryder Gabathuse | Thursday January 23, 2014 15:40

Marobela, a Construction Claims Consultant vested in construction law, took the BDP to court last year to fight for a fundamental principle of natural justice – the right to be heard.

Explaining the steps of law that he took, Marobela says at the onset, when court orders were issued, he did not expect the party to engage in a court battle when the interim order was still in force.

'I expected that since I was a member of the party in good standing, the party leadership and I should put our heads together going forward and swallow our pride and differences,' he says.

His appeal, he says, was not meant to offend anyone. Instead it was intended to put the BDP in the right perspective. He emphasises that rules and regulations of the party ought to be obeyed.

'Even when I was ordered to go back to the region by the party leadership for my appeal to be heard, I stated clearly my discomfort with the region as it was an interested party in the matter.'

To prove that he never had evil intentions, Marobela alleges that before the infamous Justice Tshepho Motswagole judgement, which barred BDP candidate Ignatius Moswaane from contesting the by-election, 'Justice Motswagole had informed us (the parties to the matter) about the consequences of his judgement, that it may not be what we wanted to gain.'

Marobela says he even made a proposal to the party leadership, which he insists would have saved the situation.

He proposed that since there was no time left before the by-election, with Moswaane having resigned his seat from the Francistown City Council (FCC), and that he (Moswaane) had incurred costs in preparations for the by-election, he should only be allowed to stand for the by-election and then fresh primaries be called for 2014 general elections.

Initially, the party arrangement in Francistown-West constituency was that one party primary election winner was offered a double opportunity: To represent the party in the by-election and then 2014 general elections.

Marobela had spoken to the then party chairman, Samson Guma about his proposal and Guma had proposed to meet Marobela over the matter the next day.

'Instead of Guma meeting me as earlier arranged, I later heard that my appeal had been quashed.'

That is when he took a hard-line decision as he says, 'It was now becoming apparent that the party leadership was fighting me. I finally approached the High Court for redress.'

Incidentally, Marobela took the BDP leadership head on, more so that his appeal for the Bulela Ditswe primaries was uncontested for by other contestants from the constituency.

All the same, it was never Marobela’s intention to punish the BDP.

'Even now, I am still feeling very uncomfortable as the BDP has no candidate in the by-election.

'My move to the courtroom was to secure an interim order,' he says and adds: 'I thought after the interim court order people will be sober minded enough to talk to me.'

Marobela finds it very unfortunate on the part of the BDP leadership as they did things on their own without involving him.

As it stands now, Marobela is still waiting for his appeal to the BDP to be heard.

He is however, worried that he has been reading media reports suggesting that the BDP will run fresh primary elections in Francistown-West.

'I would want to establish if they are already floating invitations for expression of interest in Francistown-West or not,' he observes.

He insists that his appeal is still intact and it will be tantamount to contempt of court if the party ignores his interest and charts any way forward without hearing him.

'I have to be heard first,' he says and notes that he and the party no longer trust each other after what happened. Quizzed as to what he prefers, Marobela’s answer is that he doesn’t want any more fights with the party.

“ I am tired but if I am pushed too far, my tiredness may be energised.”

He says his appeal is not about securing fresh primaries or a re-run. He says instead he wants to be heard as he has raised points that he strongly feels will help the party and expose activists who flouted party regulations with impunity.

In his appeal to the BDP leadership, Marobela pointed out two things, violations and contraventions of the BDP Bulela Ditswe rules and regulations.

He is praying that the results of the primaries of October 5 won by Moswaane be set aside and he (Moswaane) be disqualified.

Marobela’s contention is that Moswaane was caught buying BDP electorate alcohol during the primaries so that they caould vote for him.

He encourages the party leadership to be amenable to complying with the court order.

The 72 year-old politician says he is no political novice and regards himself as a respecter of rules and regulations of his party.

He has been waiting for the party to reach out to him and open talks, but it seems the BDP is choosing to run another primary election without finishing off the matter with him.

Marobela has vowed to remain a life member of the BDP and it will only be death that will separate him from the party.

'Through my move, I was simply saying let’s uphold the esteem and integrity of the party by respecting its rules and no hard feelings.'

Mmegi quizzed BDP Executive Secretary, Sechele Sechele if indeed he was aware of Marobela’s unheard appeal within the BDP structures yesterday. He was unable to confirm or deny because, “I was not in the employ of the BDP at the time. I was working elsewhere.'