AG defends Khama over Merafhe benefits
Oarabile Mosikare | Tuesday November 25, 2014 14:19
This was after the Botswana Congress Party (BCP) in June this year instituted legal action against Khama declaring the Green Book [Executive Conditions of Service] unlawful, illegal and unconstitutional and a nullity and of no force and effect. Earlier this year President Ian Khama revised the pension for Merafhe without the knowledge of Parliament.
On September 23, the AG entered an appearance to defend Khama against BCP’s legal action. In the response, AG said the BCP, and other plaintiffs Dumelang Saleshando, Kentse Rammidi, Dr Habaudi Hobona and Isaac Mabiletsa did not demonstrate that they have locus standi in the matter.
“The plaintiffs have no cause of action entitling them to any remedy claimed as a personal right. The plaintiffs’ remedies if any are in the realm of public law.
The first defendant states that there was legal basis for awarding benefits to the second defendant deriving from the executive power which vests in the President,” wrote the AG.
The AG argues that the terms and conditions of the vice president are not fully set out in statute law and some entitlements are as the President may from time to time determine and such determinations are lawful in so far as they do not conflict with written law.
“The remedies claimed by the plaintiffs are legally invalid as plaintiffs appear to be unaware of the contents of the Green Book which first defendant contends are legal.”
“The remedies would run contrary to the law which allows the President to determine other benefits for the vice president, ministers, assistant ministers, Speakers and Leaders of Opposition. The ordering of an interdict against first defendant would be contrary to the law.”