UDC election petition legal cost yet to be determined
Tsaone Basimanebotlhe | Friday July 10, 2020 17:04
In the cost dispute, before court, the BDP had given UDC 14 days period in which to have paid close to P6 million following its loss of elections petitions regarding the 2019 general elections.
The legal tussle came after 14 members of the UDC took some members of the Botswana Democratic Party (BDP) to court claiming that they had cheated in the 2019 general election.
“The issue regarding the cost and how UDC was charged is still before the Registrar of the High Court. He is still assessing the cost and we will take it from there.
We cannot discuss the issue regarding cost further,” a source said. However UDC spokesperson Moeti Mohwasa said they are still raising funds for the legal costs.
“We do not have enough money yet but we are still asking from our members to contribute anything they may afford. It should be understood that the total cost will be known once the Registrar of High Court has finalised assessment on the cost and whether they were high or not. The party will take it from there and inform the members on the way forward,” Mohwasa said.
Subsequent to the dispute, recently Nelson Ramaotwana, who contested for Gaborone South constituency under the UDC was slapped with a P392, 000 litigation bill by BDP attorneys. Ramaotwana contested against Dumezweni Mthimkulu of the BDP.
A letter of demand written by Bogopa, Manewe and Tobedza states, “In light of the judgement of the Court of Appeal dismissing your client’s case with a consequent order of costs, we propose that you pay the sum of P112,000 being full and final settlement of costs of suit.
You are advised to pay this amount of P112,000 at our offices within 14 days of receipt of this letter failing, which we hold strict instructions from our client to prepare a bill of costs, enrol same for taxation and thereafter to recover client’s costs through a writ of execution”.
In its response Ramaotwana’s law firm stated: “We received two letters of demand relating to legal costs both at the High Court and Court of Appeal against Ramaotwana. We note that the High court proposal is P280,000 payable within seven days from date of receipt of same. Cumulatively the two legal costs add up to P392,000”.
Another contender for Lentsweletau/Mmopane Olebogeng Watshipi said he received P112, 000 legal cost for just the Court of Appeal legal costs and he is waiting to receive another bill for the High Court litigation.
Contrary to some media reports last year to the effect that the BDP attorneys have slapped the UDC with a P10 million legal costs bill, the amount is nowhere near the initial figure.
The petitions came from parliamentary candidates including that of UDC leader, Duma Boko, whose case was dismissed with costs by the Court of Appeal citing lack of jurisdiction.
Botswana held its general election on October 23, 2019 with the ruling Botswana Democratic Party (BDP) winning a majority of 38 seats against UDC’s 15.
The UDC petitioned the court and contested the outcome of the general elections citing ‘irregularities in some of the constituencies’.
The High Court and Court of Appeal (CoA) dismissed with costs all 14 of the UDC petitions. In his ruling then, CoA President, Justice Ian Kirby, on behalf of a five-member panel said: “We have no jurisdiction to entertain these appeals.”