Moswaane candidacy still hangs in the balance

Tsaone Basimanebotlhe | Tuesday July 15, 2014 14:37

 

The former Francistown mayor was launched by the ruling party over the weekend. But yesterday, the Court of Appeal said it will deliver judgement in a case which has a bearing on the BDP candidacy in the constituency at the end of the month.  

The court set the date after hearing arguments in a BDP case appealing a High Court decision, which prevented the party from contesting last year’s by-election in the constituency. Initially, the BDP decided that the winner of the primary for the by-election will be its candidate even for the general elections.

But the BDP failed to contest the by-election after a fallout from its primaries resulted in a lengthy dispute that locked it out of the contest.

The dispute erupted after one of the contestants, Whyte Marobela protested his defeat by Moswaane.

When the matter reached the High Court, Justice Tshepo Motswagole ruled that BDP cannot field a candidate in the by-election until it gives Marobela a hearing.

Yesterday the BDP advocate, Francis Barrie argued at the Court Appeal that the lower court erred and misdirected itself when making a finding that Marobela should have appeared in person when the decision about his appeal in the primary election was heard.

“There was no deliberate exclusion by the BDP. On the contrary the central committee pursued and concluded its deliberations within the bounds of the agreed contractual arrangement whereby a written submission is the manner in which a candidate’s complainant is made and that submission is what the relevant committee is required to consider by way of the internal appeal process,” Barrie said.

He said Motswagole overlooked the proper interpretation of the relevant provisions of the regulations, which constitute the contract between the BDP and Marobela as a member of the party.

Meanwhile, Marobela’s attorney, Obonye Jonas contended that the BDP’s appeal was a sham on account of failure to observe due process and fair play. “It was no hearing at all at law.

Even if Motswagole would have discharged the order, it would have been of no benefit to the appellants because the decision of the central committee on respondents appeal was subsequently quashed by Nthomiwa.

Finally the respondent requests that the appeal be dismissed with costs,” Jonas said. The case was heard by a bench of three judges - Ian Kirby, Isaac Lesetedi and Lord Arthur Hamilton.