Bitter pill for Butale
Staff Writer | Tuesday November 20, 2018 12:42
The BDP counsel said that the Appeals Board decision to dismiss an order for a North East Region rerun in Tati West constituency was throughly thought through.
“Kindly note that our instructions are that contrary to your client’s assertions, client committed no error, either substantively or procedurally. In fact, client fully considered all the material (evidence) before it, thoroughly applied its mind in relation thereto, and arrived at a fair and correct decision,” Bogopa Manewe Tobedza and Company wrote to Butale.
Butale, the incumbent Tati West Member of Parliament (MP), lost the BDP primaries to Simon Moabi who is the party’s National Youth Executive Committee (NYEC) chairperson.
On November 16, 2018 Butale through lawfirm Monthe Marumo and Company wrote to the BDP in reference to the decision of the Appeals Board dated November 15, 2018 whereat a decision was made to set aside the decision of the North East Regional Committee.
“It is common cause that the BDP Appeals Board decided to set aside the decision of the North East Regional Committee which had decided that there was a contravention of Section 9 (a) of the BDP primary elections rules and regulations and therefore bringing Section 9 (f) into effect,” Butale’s lawyers wrote.
In setting aside the decision of the North East Region, the Appeals Board decided that there was no violation of Section 9 (a) as the counting of the ballots was done and the numbers polled by each parliamentary candidate announced at the polling station.
“The Appeals Board in its communication of November 15, 2018 stated that there was no evidence of irregularities or failure of the electoral process in Gulubane ward or any ward.
“We note that the sole contention on appeal by Mr Simon Moabi as evidenced by his appeal letter dated October 7, 2018 was that our client failed to follow laid down procedures and therefore his appeal should have been nullified in terms of Section 12 (c) (i) of the party primary regulations.”
Butale’s lawyers said the Appeals Board erred by deciding on matters not placed before it for determination and matters not raised by the appellant on appeal.
“The decision of the Appeals Board was not supported and informed by any evidence and submissions made by the parties involved. The decision therefore is liable to be set aside. We hold instructions to demand as we do hereby that the decision of the Appeals Board be set aside and that the decision of the North East Region be upheld and given effect to. We request that you revert to us by end of business on Monday 19th November 2018, failing which we will approach the High Court on urgency to have the decision of the Appeals Board set aside.”