Masisi's legitimacy under threat
Tsaone Basimanebotlhe | Friday November 30, 2018 14:17
Jacobs lost the party’s primary election to Thapelo Matsheka for a Member of Parliament (MP) seat for the constituency. Jacobs’ argument to give credence to his claim, is based on Masisi not being the substantive president of the party.
This is the second time that Masisi’s legitimacy to the Botswana Democratic Party (BDP) presidency is being questioned.
Suspended BDP member, Tshepang Mabaila also raised this issue during his disciplinary hearing that led to his suspension. In his court papers filed last Wednesday, Jacobs cited BDP as the first respondent, Masisi second, BDP Electoral Board chairperson, Peter Siele third, BDP Appeals Board chairperson fourth, BDP regional chairperson southern region fifth, and Matsheka sixth.
Jacobs, through his attorney Masire Legal Practice said, “It must be known to this court that there is also the question of legitimacy of the committee headed by Kingsley Sebele in that it was appointed by President Masisi, who according to the advice I got, which advice I find to be verily true, President Masisi is not the substantive president of the party. “This is so because in terms of the BDP constitution, there are two instances through which one can become the president of the party.
“One is by way of having a vacancy in the presidency in terms of Article 29.3.4 of the BDP when the party is in power, the Vice President of Botswana shall automatically become the State and the BDP’s president”.
Jacobs argued that there was never a vacancy in the presidency in that the predecessor of the President Masisi never resigned as the president of the party, hence no vacancy was created that could have allowed him (President Masisi) to assume the presidency of the BDP.
He said Masisi was never elected in terms of article 29.1 of the constitution of the BDP, as the party is yet to hold a National Congress to vote in terms of the provision.
He said it is improper, both legally and morally for the respondents to endorse the present candidate who is in that position fraudulently and thus runs against public policy considerations.
“I have put in much effort, time and resources into the campaign and it was quite evident that the people were desirous of having me elected into office,” the court papers stated.
“Therefore the irregularities that have been perpetrated and occasioned against me constitute a wrong, which wrong is a continuing wrong.”
However the BDP communication chairperson, Lesedi Dintwe said they have not yet received any court papers as of Thursday around 10am. The case is before Justice Omphemetse Motumise.
Meanwhile, Tati West MP Biggie Butale who lost BDP primary election to Simon Moabi is expected to file court papers against the party in reference to the decision of the Appeals Board to set aside the resolution of North East Regional Committee that had authorised a rerun.