Bontshetse delayed action on his future � judge
Correspondent | Thursday September 25, 2014 17:57
Makhwade said that Bontshetse delayed challenging his dismissal through the party structures, and throught the courts, although he was fully aware that the matter needed to be resolved urgently.
“By a letter dated July 29, the BNF informed Bontshetse that he was being recalled as the party’s candidate and the position was declared vacant. The letter was delivered to him on September 3”.
The judge stated that before April 2014 the applicant was given the go-ahead to represent the Botswana National Front (BNF) in the upcoming 2014 general elections.
After Pono Moatlhodi joined the BNF, the issue of whether the applicant should continue or not as the party’s candidate arose and an engagement between him and Moatlhodi ensued.
Justice Makhwade further said that on August 14, Bontshetse wrote a letter protesting his recall and gave the party seven days to reverse the decision, failure of which he was to instruct his attorneys to take action.
Makhwade said that during the hearing of the urgency, both parties were in agreement that it was reasonable to have anticipated that elections may be held around October.
Makhwade said that the applicant in his own words said that from August 22 to the date of suspension, he was gearing to approach the courts and was still sourcing for funds to look for attorneys.
“The applicant did not explain why he did not take action from August 22 up to September 1. He should have moved swiftly knowing that he was running out of time. He said that he was aware that he was treading on unfavourable ground and this is where he finds himself now,” said Makhwade.
The judge added: “I accept that he needed to engage outside court and within available avenues. This should however, not end up resulting in the applicant losing his right to be heard on account of lack of diligence in pursuing what he regards as a legitimate claim.
He said that the applicant, having failed to bring the matter of recall to court on time used the suspension from the party as a way of bringing the matter to court as urgent.
“In my view the applicant should have brought the application to review his recall as soon as reasonably practical after realising that the BNF was unmoved by the letter dated August 14,” the judge said before dismissing the case with costs.
Bontshetse had approached the court on an urgent basis questioning his recall as parliamentary candidate for Tonota constituency.
He also wanted the BNF to show cause why they appointed Moatlhodi, former national assembly speaker, as its parliamentary candidate for Tonota constituency and to set aside the decision by the BNF executive committee to suspend him as the parliamentary candidate.
He also requested the court to order that the BNF should pay the costs of the application. Attorneys Obonye Jonas and Mboki Chilisa, acting on behalf of both Moatlhodi and the Umbrella for Democratic Change (UDC), said that the matter was not urgent but was self-induced.