BCP sues Khama over Merafhe pension

Oarabile Mosikare | Wednesday June 18, 2014 07:00

 

This follows the reports that earlier this year Khama revised the pension for former vice president Mompati Merafhe without the knowledge of Parliament.

The BCP presidential spokesperson Martin Dingake confirmed that they served the statutory notice on the Attorney General (AG) on June 9, 2014. 

Dingake said the BCP has appointed a legal team led by Busang Dutch Leburu to pursue the matter. 

The AG has been given 14 days to respond. 

“The proceedings will be instituted against His Excellency The President of Botswana and in his capacity as such. 

The party will seek an order to declare the Green Book unlawful, illegal and unconstitutional and a nullity and of no force and effect; that the Green Book is contrary to the National Assembly (Gratuities and Pensions Act) and the National Assembly (Salaries and Allowances) Act; and have it struck down,” said Dingake.

He explained that essentially the Green Book seeks to vary Acts of Parliament when it is not a legal document nor based on any law. 

“The orders sought will include the one that the payments of the benefits and allowances to the former vice president be stopped forthwith. 

Having obtained a declarator setting aside the Green Book we will seek to quantify (in monetary terms) the value of benefits this far extended to His Honour the former vice president and ask that he be ordered and directed to refund the Government of Botswana.”

He further explained that the BCP deemed the Green Book to be an illegal document and without any legal basis. “The Green Book seems to vary and/or depart from benefits and allowances to which ministers and such other officials are entitled to ordinarily by extending those benefits beyond the life of their positions as ministers and/or Speaker as the case may be. 

The President is given wide and sweeping discretionary powers to decide which former minister and or Speaker is to benefit after vacating office,” he said. 

The AG’s public relations officer Lebotsang Mohutsiwa was not available for comment.