BDP, BCP fingered in symbol case

Isaiah Morewagae | Thursday March 27, 2014 12:50

 

Attorneys representing BNF president Duma Boko and his central committee in the case to have the BNF symbol used in the Umbrella for Democratic Change (UDC) symbol have come short of labeling Moses Kajane and Kitso Koister agents of the BDP and BCP.

In court documents, Mboki Chilisa for Boko and the BNF contends that Kajane and Koister acted in bad faith with the intention of preventing the BNF from being associated with the UDC.

“They are pursuing their case with a clear intention of enhancing the electoral prospects of the BDP and the BCP,” Chilisa stated.

Chilisa had moved an application on urgency before Lobatse High Court Judge Godfrey Nthomiwa to have his early order barring BNF from using its symbol on the UDC one rescinded.

In their application for rescission, Chilisa argues that the matter was not set down for arguments on September 6, 2013. This is the day the BNF attorneys failed to appear in court and Gabriel Kanjabanga for the Kajane and Koister team applied for a default judgment.

“It is clear that the matter was not set down for argument on that day. However, it was argued in default and this led to the ruling which is the subject matter of this application,” Chilisa said.

He contends that the ruling was erroneously sought as arguments were made on the day that was not designated for arguments.

Chilisa added that parties were not even notified that arguments would take place on that day.

On why they did not turn up in court for roll call, Chilisa said on that day attorneys handling the matter were relocating from their old offices, as such sorting of files became a huge challenge to them.

“This was not made easier by the fact that there were two cases involving me and some applicants in the main case,” Chilisa added.

Adding to their woes, said Chilisa was the demise of the messenger and filing clerk, Geoffrey Phatshwane who was central to the management of litigation matters being conducted by Duma Boko & Co law firm.

On whether they have an arguable case on merits, Chilisa said Kajane and Koister failed to either plead locus standi or set out any basis on which they claim to enjoy in relation to the issues they raise in respect of the main application.

He stressed that Kajane and Koister are not BNF candidates for political office and are therefore busy bodies meddling in matters that do not concern them and which can only be deliberated upon by BNF structures.

“The applicants have not alleged that they attended the Gantsi Congress as delegates. If they did attend at all they did so as mere observers not entitled to vote or participate in the deliberation of the congress,” Chilisa argued.

To this extent, Chilisa contends, it is not open to them to impugn the decision taken at the said congress on the basis that they are in disagreement with it.

He also stated that at the time the order was made the BNF was expecting a favorable response from the Independent Electoral Commission (IEC) but that has been halted by the said order.

“On March 13, 2014, the leadership of the UDC met with the Secretary of the IEC to receive a response to the UDC’s application to register an electoral symbol encompassing the BNF symbol. The IEC indicated that because of the judgment of this Honorable Court they cannot do so,” Chilisa argued.