BOFEPUSU gives Khama 48hr ultimatum
Oarabile Mosikare | Tuesday April 8, 2014 11:52
Failure to do so the federation will institute a High Court application against Khama.
A letter authored yesterday by BOFEPUSU secretary general Tobokani Rari, stated that should Khama fail to effect their demands they would institute a High Court application against him to remove Venson-Moitoi from office with immediate effect. They also demand that Khama pays the costs of the application on a punitive scale.
“Should you refuse to comply as demanded, this letter shall serve as a statutory notice of intention to sue and, in the meantime, we shall approach the High Court on urgency for interim orders pending the expiry of the statutory notice and the institution of the main application. By copy of this letter, Minister Venson-Moitoi, the Attorney General and Minister [Mokgweetsi] Masisi are hereby notified,” wrote Rari.
The demand comes after Khama granted Venson-Moitoi leave of absence from her ministerial duties at the Ministry of Education and Skills Development last Tuesday in accordance with Section 126(2) of the Constitution of Botswana. Venson-Moitoi has been appointed to undertake a special assignment within the MoESD. Following this development Masisi has been appointed acting Minister of Education and Skills Development.
BOFEPUSU stated that they assume that Masisi’s appointment to serve as minister as aforesaid means that Venson-Moitoi will subsequently relinquish office as envisaged by Section 126 (2), which Khama relied on.
“The Section provides that another person may be appointed - in this case Minister Masisi - when Minister Venson-Moitoi “is on leave of absence pending the relinquishment of the office” by Venson-Moitoi.
The federation also stated that Venson-Moitoi is on record as saying that she is still a minister for all intents and purposes.
Rari said: “We are of the view that Your Excellency’s appointment of Minister Venson-Moitoi to ‘undertake a special assignment within the Ministry of Education and Skills Development’ which is, in essence, the overseeing of a project within the ministry, is most unconstitutional on anyone or more of the following grounds: Minister Venson-Moitoi cannot be appointed to a public office as defined section.”
Rari said that Venson-Moitoi cannot be appointed to serve as a public officer as aforesaid or as consultant in a public office whilst she is still minister and Member of Parliament.
The appointment of a minister and/or MP to serve effectively as a public officer or a consultant in public office is most unconstitutional for it also infringes the doctrine of separation of powers, Rari argued.