BDP To Decide On Fate Of Suspended Trio
Lebogang Mosikare | Monday March 16, 2020 17:01
The accused, specially nominated councillor Otsile Moses, administrator Boago Phiri and BDP activist, Chidzani Mokgwebe were each sentenced to two years in jail for assaulting another party activist Otto Masogo during a BDP Francistown Regional Elective Congress in 2017 at Donga Community Junior School.
However, the trio escaped jail by a whisker after Magistrate Lebogang Kebeetsweng suspended their sentence for two years on condition that they did not commit any offence that involves violence.In addition, Kebeetsweng sentenced each one of them to four strokes of the cane after they were certified fit by a medical practitioner.
The trio assaulted Masogo by punching, slapping and slamming him against chairs and tables during the congress, which was held to nominate delegates who were going to vote at the BDP elective congress at Tonota in 2017.
During the Tonota congress, the Mokgweetsi Masisi faction vanquished the Nonofo Molefhi bloc by taking all central committee positions that were on offer.
At the time Masisi had the backing of former president Ian Khama before their acrimonious fallout when Khama completed his term as president of the country.
The trio was indefinitely suspended by ex-BDP secretary general, Botsalo Ntuane for bringing the name of the party into disrepute.
The trio’s case was finalised by the Magistrate Court last Thursday.
Also, the nomination of Moses as a councillor and appointment of Phiri as an office administrator at the office of the MP for Francistown West, Ignatius Moswaane, left a bitter taste within BDP circles in the volatile Francistown West constituency.
There are some BDP activists who believe that they were best placed to have been rewarded with positions as they worked very hard for Moswaane during the general election campaign trail, but were and are still surprised as to why they were overlooked for the positions.
“It boggles the mind why some powers that be in the party stooped so low by nominating and hiring people who were indefinitely suspended by the party to public offices.
Clearly, this may encourage anarchy within the party because other BDP members would commit similar offences in future knowing very well that they would be treated with kid gloves,” said an aggrieved BDP member in Francistown West who spoke to The Monitor on condition of anonymity.
“There should be a background check for all the people who are hired to work in public office, especially specially nominated councillors and administrators at the offices of our Members of Parliament otherwise the public would lose trust in those offices and the party,” the aggrieved BDP member continued.
BDP spokesperson, Banks Kentse said he could not comment on the issue because he has to first familiarse himself with the matter and ask relevant party structures in the Francistown Region about the trio’s brushes with the law.
Kentse added that he also has to see the judgement of the court and internal party processes before the party can take necessary disciplinary processes against the trio, if any, if they were at all found guilty by the court.
However, Moses may not lose his seat if Section 9 of the Local Government Act (Vacation of Seats) is anything to go by.
The Section spells out conditions under which the seat of a member of a council, other than an ex officio member, shall become vacant.
It says: e (i) if he is sentenced by a court in any part of the Commonwealth to death or to imprisonment for a period exceeding six months, or, having been under suspended sentence for such a term imposed by such a court is ordered by the court to serve that sentence: Provided that the Minister may at the request of the member from time to time extend for a period of 30 days his vacation of office under this paragraph, to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time shall not exceed 90 days in the aggregate;
(ii) if at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a period of imprisonment of less than six months, or some lesser punishment is instituted for such imprisonment, his seat shall not become vacant under the provisions of this paragraph.
The last part (or some lesser punishment…vacant under the provisions of this paragraph) is instructive and may save Moses.
A private attorney who preferred anonymity also said that Moses and Phiri would not lose their jobs because they committed a minor offence that does not warrant their dismissals from work under the Constitution and various acts governing their respective offices.
“Amongst the trio, those who are holding public office were only going to be fired from their respective offices if they were found guilty of having committed any offence that involves dishonesty (fraud),” he added.
Political science and public administration lecturer at the University of Botswana, Adam Mfundisi is of the view that the BDP should crack the whip against the trio.
He said: “I would say categorically that the BDP must take strict measures to discourage any member in the future to engage in criminal activities particularly during its activities thereby bringing the party into disrepute.
The BDP should dismiss the three on account of criminal convictions as well as having destroyed the good image of the party in the public space. This would send a strong signal that the BDP as the party in power does not tolerate criminal behaviour by its members. The public should have confidence in BDP as the party that abides by the rule of law and is prepared to discipline its members. Withstanding the aforesaid prescriptions, I am conscious of the division within the ruling party in Francistown and in particular Francistown West.”
He added: “... In the event the party does not take stern action against the perpetrators, it will promote further divisions in the Francistown region. Furthermore, in the public sphere it will cast aspersions on the ability of the BDP to maintain law and order within and eventually without. People will lose confidence in BDP’s ability to reign in order within its ranks. The BDP leadership has always emphasised its adherence to the rule of law and hence lack of stiff action against the three would dent its public image. Moreover, any inaction would fuel dissent within its members in Francistown and beyond and would encourage more criminal behaviour.”