Boko's bid for BNF presidency still undecided

EDWARD BULE
Correspondent | Wednesday July 14, 2010 00:00

 

Presenting his preliminary argument, Mboki Chilisa, representing Boko, pleaded with the court to dispose of the matter in favour of his client. He felt that the National Democratic Front, which Boko is alleged to have been a founding member of, should have been called as well as members of the central committee.

Chilisa also argued that the applicant, instead of running to the courts, should have sought relief from BNF structures. He pointed to the forthcoming congress to test the validity of Boko's membership.

There is also the national elections board, which can decide whether or not he can stand for the BNF elections as presidential candidate. The lawyer further argued that the applicants had no justification whatsoever for circumventing the domestic remedies. According to Chilisa, whether Boko has at any given point been a member of NDF or not is immaterial. He goes on to say that the BNF constitution does not say someone should have been a member of the party for a minimum of five years before the congress.

What is important is that the courts have got no authority to pronounce on the decisions made by the leadership of a voluntary organisation. In his view, the decision by the BNF central committee to allow Boko to run for the BNF presidency cannot be the subject of a judicial review. For his part, Botswana National Front legal representative, Boingotlo Toteng, said that what the applicants seek is a review of a decision made by the BNF central committee.

He adds that because the applicants did not abide by the provisions of Order 61 of the High Court, they should fail. This order requires, among others, that in this particular case, minutes of the BNF central committee that are material to this issue be made available. Justice Chinhengo asked the lawyer to explain why the BNF rescinded its earlier decision to bar Boko.

Toteng replied that the earlier decision had been made without any input from Boko but that after he wrote to the central committee and appeared before it, it reached a different conclusion. The committee was not satisfied that he qualified to contest the position of party president. He asked the judge to dismiss the case with costs.

The applicants' lawyer, Lone Masire, said his clients could not have done otherwise but to go to the courts for adjudication. There are only three weeks within which to approach the central committee.  He rebutted the issue of an obligation to exhaust domestic remedies saying the BNF constitution does not prevent an appeal for review by the courts of law. The lawyer cited other cases in which BNF members took the party to court to demonstrate that indeed the courts can pronounce on political party matters.

He believes that it would be dangerous to go to congress before the issue is resolved because that could result in violence. The case continues.