BCP claims favouritism in street pole posters� matter

Oarabile Mosikare | Friday August 29, 2014 15:50

 

In a response affidavit, Madisa-Rapelana stated that although other political parties have contravened the Guidelines for erection and maintenance of hoarding and advertising signs, no action was taken.

“No similar course of action has been taken against other political parties which the respondent acknowledges were equally at fault. The only distinguishing feature the respondent based its case on was the first to violate the guidelines. There is no evidence to ascertain which political parties responded positively,” she said.

“Even more telling is the fact that the respondent is not taking the court into confidence why the matter could not be withdraw, when the decision was taken to stop intended course of action against political parties; the respondent and what was the intended course of action and against which political parties,” added.

Madisa-Rapelana also alleged letters purporting to have been written to the Botswana Democratic Party (BDP) were a hoax intended to deceive court.   “Whilst the respondent alleges not acting against others like the Gomolemo Motswaledi, it nevertheless alleges service without proving it. The allegations of service are denied and Respondent is put to strict proof thereof,” she said.

She further said the reasons advanced for not taking action against President Ian Khama were not the same given by town clerk Mpho Mathe when Mmegi interviewed him.

“In any event, the respondent could easily ask Botswana Democratic Party (BDP) to remove their leader’s posters otherwise it fuels favoritism. This is what lies at the core of this counter application, that the playing field through this electoral process is skewed against the applicant and the respondent seems prepared and eager to perpetuate that, without showing any legal permissible basis in law of the differential treatment.

This clearly shows the misconceived basis for the differential treatment between the President of the BDP and that of the applicant,” she noted.

Martin Dingake represents the BCP while Tholana Phooko is the GCC lawyer.