Jacobs withdraws Masisi's legitimacy challenge case
Tsaone Basimanebotlhe | Friday December 7, 2018 10:18
This came after Jacobs made an application to court stating that Masisi does not have the powers to appoint any party structure. Jacobs, who lost BDP primaries to Dr Thapelo Matsheka for the Lobatse constituency, said Masisi’s legitimacy to the BDP presidency is questionable. But it is not over as Jacobs plans to reinstate the case next week Monday with intention to cite the former president Ian Khama as his witness in order to strengthen his case.
Jacobs reasons that Khama was the only one who could explain to court about the BDP procedure on the matter.
Jacobs was forced to withdraw the matter after the court refused to postpone or refer the matter to a later date to allow Khama to respond to court papers that he was given on Wednesday evening. He had sought postponement in order to allow Khama to respond to his papers as he had served him late.
Jacobs through his attorney Kagisano Tamocha said, “I am asking that this matter be postponed or called for a later date in order to allow for us to know the position of the former president regarding this issue. This is so because we are challenging the legitimacy of President Masisi in the party”. Earlier on, BDP attorney, Basimane Bogopa had argued that the matter could not be postponed to a later date because the applicant had known that they would need to cite former president.
“We want this matter to be heard today and we believe it is urgent. The applicants are the authors of these documents and they chose not to include former president. This is negligence on their part and their negligence should not affect the court in any point. If the points in limine are argued, then the joinder of seventh respondent might not be necessary or it may not be the issue,” Bogopa said.
Subsequently, Bagopa’s contention forced High Court Judge, Chris Gabanagae to rule that the matter was urgent and it should continue as such.
The BDP attorney also argued that Jacobs should pay the costs of the application on a punitive scale of client-attorney scale because he should have known that President Masisi enjoys immunity from civil proceedings for any action done by him in his personal capacity which include as acting as BDP president per section 41 (1) of the Constitution of the Republic of Botswana.
“Again they could have included all necessary things that could be needed rather than withdrawing the matter after it was supposed to be heard and that is wasting court’s time,” said Bagopa. Justice Gabanagae agreed that the matter be withdrawn and reserved the issue of costs.