Bontshetse loses to Moatlhodi, with costs
Correspondent | Tuesday September 23, 2014 16:59
In his ruling, Makhwade considered the two points raised by both the defence and applicants and came to the conclusion that no purpose would be served by listening to the remaining issues raised by both parties in their head of arguments.
“This application is struck out for failure to comply with order 12 rule 12 of the rules of the high court dealing with urgency. This matter is dismissed with costs. I will state my reasons for dismissing the case tomorrow (Tuesday) in the afternoon,” said Justice Makhwade. A parliamentary hopeful in the Tonota constituency for the Botswana National Front (BNF), Maokaneng Bontshetse, had taken his party to court for recalling him.The BNF, which is in a coalition with the Botswana People’s Party (BPP) and Botswana Movement for Democratic Change (BMD) to form the Umbrella for Democratic Change (UDC) suspended Bontshetse for refusing to give way to Moatlhodi who defected from the BDP early this year.
Moatlhodi will now face Thapelo Olopeng of the BDP. Said an elated Moatlhodi afterwards: “My lawyers have done a very good job. For the past five months our backs were pinned against the wall. We literally did nothing in those months to advance the agenda of our movement. We are going to win the elections in October.”
Bontshetse said that he would not appeal the decision of the court after the ruling. “Let sleeping dogs lie. It is not the end of life,” said Bontshetse. Earlier, Moatlhodi’s attorney Obonye Jonas told the court that the reasons advanced by the plaintiff for his recall and suspension are of no basis. Jonas said that although the plaintiff received his letter of recall on July 29 he did not follow the matter up.
He said Bontshetse approached the courts for redress one and half months after receipt of the letter. Jonas dismissed the arguments raised by the applicant that he did not have money to challenge the suspension and subsequent recall. He said that there are many avenues like the University of Botswana (UB) Legal Clinic, Legal Aid that he could have taken to pursue the matter on his behalf if he did not have money.
“The court should not listen to the averment that having no money to engage attorneys is an excuse to bring the matter before court since the applicant can represent himself in court,” said Jonas. Jonas added that the decision to recall Bontshetse was purely administrative in nature, adding that the applicant was going to have his day before the party’s disciplinary committee. Also representing the UDC and Moatlhodi, Mboki Chilisa said that the points raised by the applicants’ attorneys were unsatisfactory.
Bontshetse’s attorney Steve Sibanda, who was assisted by Atang Letang argued that the applicant had reasonable grounds to approach the courts on an urgency basis because the general elections were scheduled for next month.
Sibanda said that the applicant responded to the letter of his recall after 14 days because he was still exploring other mechanisms of redress within the structures of the BNF.