Boko takes on Kokorwe
Oarabile Mosikare | Friday July 15, 2016 18:00
In his notice to sue issued this week, Boko argues that Kokorwe’s decision to subject the issue of whether to expunge statements made by him on diplomatic relations between China and Botswana to debate is unlawful.
Through his attorney Mboki Chilisa, Boko said on July 7, 2016 Kokorwe allowed debate to be conducted on an ‘urgent’ motion brought to consider whether statements made by the claimant on the floor of Parliament on February 7, 2016 about Botswana/Chinese diplomatic relations should be struck out from the Hansard. Francistown West MP Ignatius Moswaane proposed the motion.
“The motion to expunge Honourable Boko’s views from the Hansard was adopted through a collection of voices. The first respondent (Kokorwe) refused to heed a call from a Member of Parliament for division on the motion,” explained Chilisa.
Chilisa said both Kokorwe and Parliament acted unlawfully in several respects. He explained that there are limited grounds upon which statements from Hansard may be expunged from it. The Hansard is a transcript of proceedings of Parliament. Statements may be expunged from it if there are errors, if unparliamentary statements have been made; or if the lawmaker who made the statements consents to it being expunged from the Hansard.
“It is for the Speaker, as the presiding officer, to determine, whether matters should be expunged from the Hansard, and not for her to abdicate her duties and subject the issue to partisan debate as she did.”
The lawyer said the decision to expunge Boko’s views on the basis that they were unpalatable to the ruling Botswana Democratic Party (BDP) infringed his freedom of expression, which is vouchsafed by Section 11 of the Constitution. “The first respondent’s failure to heed the call for a division was a flagrant disregard of the Standing Orders.” Upon the expiration of 30 days, Boko intends to approach the High Court for the following relief: “A declaration that the Speaker’s decision to subject the issue of whether to expunge statements made by Honourable Boko on 7 February 2016 on diplomatic relations between China and Botswana, to debate unlawful.”
Chilisa wants a declaration that the Speaker is not entitled to refuse a heed to call for a division, when called for by a Member of Parliament. He also seeks a declaration that the motion to expunge the claimant’s view from the Hansard violated Boko’s right to freedom of expression. He wants costs of suit and further alternative relief. The Office of the National Assembly and the Attorney General have been served with the notice.