Khama concedes defeat to Motshwarakgole
Baboki Kayawe | Wednesday February 22, 2017 17:07
In a landmark judgement, Justice Abednigo Tafa ordered that the appointment of Isaac Lesetedi, Monametsi Gaongalelwe, John Foxcroft, John Cameron, Arthur Hamilton and Craig Howie was invalid in that the President had no right to reappoint them to the bench.
The judgment follows a challenge by the Johnson Motshwarakgole’s led National Amalgamated Local and Central Government and Parastatal Workers’ Union (NALCGPWU) against President Khama on his appointment of the CoA judges. The union argued that no judge should be reappointed after a fixed term.
According to Cabinet insiders, the worried Khama told his ministers that Government will not appeal the judgement passed by Justice Abednigo Tafa. Instead they “will sponsor an urgent motion by a back bencher to implement Justice Tafa’s judgment”.
Yesterday, Francistown East MP, Buti Billy filed an urgent motion for the implementation of the Tafa judgment beating the Leader of Opposition Duma Boko to it. On Monday Boko confirmed that he will table an urgent motion. Billy’s motion was later removed from the order paper for unclear reasons. Interestingly, the motion gave the powers to Khama to appoint CoA judges.
Billy’s motion read: “That this Honourable House should as a matter of urgency, implement the High Court Judgement of Tafa J. MAHGB000635/15 (National Amalgamated Local Central Government and Parastatal Workers Union vs the President of the Republic of Botswana and 10 others), as follows:-
(i) to amend Section 4 (CAP 04:02) of the Court of Appeal Act in its entirety, to provide that Parliament shall prescribe the number of justices to be appointed to the Court of Appeal in line with Section 99 (2) (b) of the Constitution of the Republic of Botswana;
(ii) that Parliament should prescribe the number of Justices of the Court of Appeal as follows: that the Court of Appeal shall consist of the Court of Appeal President and such number of judges of the Court which shall not exceed fifteen (15) and that this provision shall apply retrospect from the date of commencement of the Court of Appeals Act;
(iii) that the President of the Republic of Botswana is given power under Section 99 (2) (b) of the Constitution of Botswana to appoint judges of the Court of Appeal whose number shall not exceed fifteen (15) and that this shall apply in retrospect”.
Meanwhile there were fireworks in Parliament after Boko, who had intended to table a similar motion this week, objected to Billy’s motion having made it to the Order Paper though he communicated his intentions before the Francistown East legislator.
“On several occasions members have been turned away or their motions have not been accepted and listed and prioritised as they came, on account of the fact as it was indicated to them in accordance of the Standing Orders that such motions were not signed, and when they have been signed they have then joined the queue after their signing,” Boko objected.
“Now can the Speaker indicate to us whether that Standing Order no longer applies such that motions that are unsigned are now accepted, and can the Speaker then also guide us on why others in the past have been turned away? “ he asked.
Adding that his line of question was in relation to the motion he was to present, which was not accepted on what he termed “misapplication of the Standing Orders”.
However, Deputy Speaker, Kagiso Molatlhegi maintained Boko had had a meeting with the Speaker of the National Assembly, Gladys Kokorwe where the matter was discussed and resolved.
Francistown South parliamentarian Wynter Mmolotsi also objected to the decision to accept Billy’s motion, questioning the basis of such though Boko’s had satisfied all the requirements of the Standing Orders but wasn’t allowed.
Mmolotsi went on to say the decision was not only unprocedural but “a tactic to buy time to allow a member of the ruling Botswana Democratic Party to present the motion and have it listed in the Order Paper. He added the motion is urgent and in the public importance, hence needed the urgency. Parliament was however told Boko’s motion would come at a later date.