The BMDYL congress was constitutional � Rantao
Innocent Selatlhwa | Friday May 5, 2017 15:03
The BMD chairman, Modubule and secretary general, Gilbert Mangole hosted a press conference nullifying the congress and threatening to take action against Gaolathe and other senior party members who attended the congress.
According to a document seen by Mmegi, Rantao advised that it would have been unconstitutional not to hold the BMDYL Congress on or before May 3, 2017.
Rantao stated that according to the BMDYL constitution, the BMDYL national congress shall be the highest decision-making body of the BMDYL and shall convene every two years. “The last BMDYL Congress was held on May 3.
This means that in terms of the constitution, the next congress that shall be held on or before May 3, would be unconstitutional and invalid,” read the letter. Rantao stated that the aforesaid section does not empower any structure of the BMDYL, including its National Executive Committee (NEC) to postpone or reschedule the congress such that it is not held on or before May 3.
“Such a postponement or rescheduling as is contained in the press release, apparently authored by the president and the secretary general of the BMDYL on April 24, would be unconstitutional and invalid.”
On the issue of a meeting held by BMDYL NEC resolving to postpone the congress, Rantao argued that supposing the meeting was properly constituted, the resolution taken became constitutionally invalid, as it would defy the holding of the congress before May 3.
Rantao said the meeting could have not been properly constituted as it was said that at least seven NEC members did not receive any notifications of the said meeting. According to Rantao, this, even if one NEC member did not get notified of the meeting, it was rendered unconstitutional.
On the BMD National Working Committee (NWC) meeting, Rantao stated that the NWC is not clothed with any power to approve or endorse decisions of the BMDYL NEC. “Thus, its purported endorsement or approval of the BMDYL unconstitutional decision to indefinitely postpone the biennial congress is a nullity,” he argued.
On the postponement, Rantao stated that the reasons given were not valid and could only be validated and be dealt with at the venue of the conference. He also argued that there was never official communication to the branches of the BMDYL. “Without official communication, the BMDYL NEC can never prove that all its branches are aware of the purported indefinite postponement. Failure to do so is a breach of the BMDYL constitution.
On the question of age, Rantao stated that the BMD constitution is open to all persons between ages 16 and 35. Rantao argued that it means ages from 17 to 34. He went on to quote the constitution stating that when one attains the age of 35, their membership of the YL lapses.