BCP counter-sues GCC over posters

Oarabile Mosikare | Wednesday August 6, 2014 17:08

The resolution, to make a counter application against the GCC, was made at the July 9 meeting of the party’s executive committee. This followed the city council urgent application in April at the Lobatse High Court, which had wanted to compel the BCP to remove the ‘illegal’ advertisement on the street poles along Kgalemang T Motsete road and traffic intersections.

Justice Modiri Letsididi dismissed the application with costs. In the resolution, the BCP chairperson Motsei Rapelana was has been authorised to sign all necessary documents to defend the said action. Dingake Law Partners have been appointed as attorneys of record.

In the court papers, Rapelana said the affidavit is deposed to in support of an application for a declaration that the respondent’s conduct towards the BCP infringes upon its right under Section 3 of the Constitution of Botswana.

This in particular the right to equal protection of the law and that the GCC action must be declared unlawful and be interdicted from continuing to act in the manner it had been doing.

“I wish to state that subsequent to the filing of the main application, other political parties in particular the Botswana Democratic Party (BDP); its presidential candidate Ian Khama; and its Members of Parliament candidates put up posters and advertising material in and around the city at traffic lights and along the road,” said Rapelana.

She said around the same time the BCP launched her at Gaborone North constituency as it candidate, in order to maximize the publicity, campaign posters were used and were put up in traffic lights and around the city. “I received a letter to have my posters removed. I found this behaviour by the respondent strange in that no action was being taken against the political opponents of the applicant.”

“As I depose to this affidavit more such posters have been put up either by the BDP and its candidates or the Umbrella for Democratic Change (UDC) and its candidates. By the way of example, in the Gaborone Central constituency both the BDP and the UDC candidates Messrs Rupert Hambira and Gomolemo Motswaledi have put up their posters. My opponent in my constituency Mr Haskins Nkaigwa have also put up its posters,” wrote the BCP chairperson.

“The right to equal protection and treatment under the law, I am advised by my attorneys of record, which advise I verily believe to be true, relate to treating people similarly by ensuring that no member of society is made to feel less deserving of equal concern, respect and consideration that others.

The respondent in my respecting view, is using its policies, regulations or law as the case may be, against the applicant and its members more harshly than others who belong to different political groups and their parties,” she writes.

Rapelana stated that there is no material difference between Khama’s campaign and BCP president Dumelang Saleshando’s. “Both are presidential candidates for therein political parties and therefore the faces of each party campaign.

Secondly and most importantly, the basis of the removal of the posters of the applicant by the respondent is that the posters constitute a traffic hazard.

How is it that President Khama’s posters do not, when placed along the road and at traffic sections, constitute a traffic hazard? I verily aver that there cannot be any inherently unjustified different treatment between the applicant and other parties by the respondent that this.”

The GCC has not responded to the notice.