Jacobs Vows Show's Not Over
Innocent Selatlhwa | Monday January 21, 2019 13:54
“We are going to appeal, definitely. It is not the end of the show,” uttered Kamala Jacobs after he lost his recent bid to ‘topple’ President Mokgweetsi Masisi.
Immediately after Justice Michael Mothobi dismissed him, a seemingly disappointed and devastated Jacobs and his lawyer Kagisano Tamocha put their heads together, perhaps to tell one another that the judge erred and that they needed to appeal. The Botswana Democratic Party (BDP) members walked out in a jubilant mood, as Jacobs left with a few of his supporters in tow under the glare of the flashlights all over his face.
He did not even waste time as this reporter quizzed him on his next move when he uttered the above quoted words.
Jacobs had filed an urgent application disputing the presidency of the Botswana Democratic Party (BDP) arguing that Ian Khama was still president and that Masisi is the illegitimate one, as he had not resigned.
He further wanted the court to order a re-run for the BDP primaries in Lobatse stating that there were irregularities.
Delivering his ruling before a packed courtroom, Mothobi stated that the respondents had raised three points in limine being; the case was not urgent, Masisi’s immunity and lastly misjoinder of Khama in the case.
Mothobi stated that the matter was not urgent as there was no empirical evidence brought forth to prove the urgency. He said Jacobs had not demonstrated how he will be disadvantaged to campaign for elections as he failed to state when the elections would be held. further stated that central to the point of immunity is Section 41(1) of the Constitution as well as the Court of Appeal case of Motswaledi vs Khama. He held that the Motswaledi case is good precedence and binding, it therefore followed that the second respondent in the present matter (Masisi) is immune from civil proceedings for acts done in his private capacity.
On the last point of misjoinder, the judge stated that Khama was incorrectly joined in the matter citing Order 16 of the Rules of the High Court. Khama was therefore struck off.
The seventh respondent (BDP Southern Region Chairperson) was also removed from the matter, as his locus standi was not clearly indicated to the court by the applicant.
Jacobs was given an option to file the matter normally and correct the joinder of Khama as well as quote the seventh respondent including their names.