BCP to sue Khama over Merafhe, Venson-Moitoi
Oarabile Mosikare | Tuesday April 8, 2014 11:11
Yesterday, BCP president and Leader of Opposition, Dumelang Saleshando wrote a letter to the Attorney General to explain the recent controversial reshuffle and whether Khama is empowered to make laws on pensions for selected political officers without approval of Parliament. He has given Attorney General, Dr Athaliah Molokomme seven days to respond to the letter.
In the cabinet reshuffle, Khama caused confusion by shifting already serving ministers to head two portfolios in an acting capacity and giving Education Minister, Pelonomi Venson-Moitoi, a six-month sabbatical and appointing her to head a unit in her ministry. Venson-Moitoi maintains that she is still in the cabinet after some said she has been sacked while others questioned the legality of her redeployment.
In his letter, Saleshando says the prescribed ministerial portfolios cannot exceed 16 in terms of the law and what is clear is that Venson-Moitoi is not amongst those 16 ministers. He asserts that as per Section 126 (2) of the Constitution, Mokgweetsi Masisi who has been shifted from Presidential Affairs to act in Venson-Moitoi’s place is the Minister of Education. Saleshando says they are seeking clarification about the specific constitutional clauses used to effect the reshuffle.
“If she doesn’t relinquish her office, what does that mean with regard to the minister required in terms of the law,” the MP wonders. He wants clarity about the legislative and constitutional basis of the Green Book which has been used to authorise special pensions for Merafhe.
“Pensions in Botswana are set up and regulated by the Acts of Parliament. The question is, is the President empowered to make laws on pensions for selected political officers without the authority from Parliament?” Early this year, Khama revised the pension for Merafhe without the knowledge of Parliament.
Saleshando says that they are consulting and waiting the response of the Attorney General.
“We expect our lawyers to reflect on the response of the Attorney General and advise accordingly. If the opinion given is that the action was unconstitutional, we will definitely challenge that in court,” Saleshando says. He did not confirm or deny that they will engage a South African advocate to handle the matter.
Yesterday, the public relations officer at the Attorney General’s Chambers, Lebotsang Mohutsiwa could not confirm receipt of Saleshando’s letter.