Saleshando, Skelemani square off
Goitsemodimo Kaelo | Friday December 18, 2020 13:59
Skelemani suspended the Maun West legislator from sitting in the National Assembly for five days from July 28 to August 5, 2020 following a presentation he made alleging politically motivated and corrupt practice in the awarding of government tenders.
Skelemani had invoked Section Standing Order 60.4, calling for a motion from the ruling party whip to suspend the LoO after he told the House that he was not satisfied with the evidence the Umbrella for Democratic Change (UDC) vice president had presented before him to substantiate the allegations he made.
Now, following his earlier attempts to interdict his suspension, Saleshando who is also the Botswana Congress Party (BCP) president has instituted legal proceedings seeking the Court to review Skelemani’s decision as well challenge the constitutionality of the Parliamentary Standing Orders 60.4(a) and (b); and 60.5 to the extent that they infringe the applicant’s right to freedom of expression, equality and the protection of law.
He also wants an order to review and set aside the as unlawful the decision of the Speaker to call upon the ruling party whip, after the Opposition whip had declined to move a motion calling on his suspension. Saleshando argues that the Speaker tabled the motion to have him suspended without indicating what further proof was necessary. He states that this makes Skelemani’s move unconstitutional to the extent that it infringed on his freedom of expression and protection of the law.
He says the decision of the Speaker takes away his right of speech as duly elected legislator. However, Skelemani denies that his decision to invoke Order 60.4 of the Standing Orders was unprocedural, unconstitutional and irrational. He argues that the procedure he followed to suspend Saleshando is mandated by the Standing Orders of the House, which is binding on all members of the House. “It is therefore my firm position that there was no infringement of the Applicant’s constitutional rights,” states Skelemani in his answering affidavit.
Skelemani further denies that his decision infringed the Applicant’s right to freedom of expression, equality and protection of the law. “I aver that the said orders are intra-vires the Constitution, in particular the Standing Orders are made pursuant to section 76 (1) of the constitution and are consistent with sections 3 and 12 of the Constitution,” he adds.. This issue started during the emergency meeting of Parliament in April, when Saleshando alleged that there had been a direct awarding of a government tender at the value of P13.7 million a company belonging to President Mokgweetsi Masisi’s sister, for provision of Anti-Retroviral drugs without a competitive bid.
Saleshando then refused to withdraw the corruption claims, telling the House that he would provide evidence later. However, his attempts to provide more evidence were quashed by Skelemani who then invoked Section 60.4 of the Standing Orders of Parliament, which empowers the Speaker to name a member who has committed the offence of disregarding the Speaker’s authority, then calling upon opposition whip Pono Moatlhodi to move the motion. When Moatlhodi declined, the Speaker then proceeded to call upon chief whip Liakat Kablay to move for the suspension of the offending member from the National Assembly.
Gaborone High Court Judge Gabriel Komboni presides over the matter.