Judge wants Boko heard before BNF congress

GALE NGAKANE
Correspondent | Wednesday July 7, 2010 00:00

 

The matter will come before Justice Moses Chinhengo next Tuesday, possibly spilling over into the next day.Boko and the BNF wanted the matter heard at a later date, after the party's national congress from July 18-20, because they believe it is of no consequence to the party and its members.

However, Justice Chinhengo, made a swift ruling after hearing arguments for and against the urgency of the matter. He was in total agreement with an argument presented by Lone Masire of Masire attorneys, who were standing in for Dumezweni Mthimkhulu, that the postponement of the matter will do irreparable damage to the party. Also, Masire had argued that the postponement would have dire financial consequences for Mogorosi who has been campaigning. It was however not clarified whom he was campaigning for.

Another of Masire's arguments was that there is a lot of factionalism within the party, which could erupt into open violence if the courts did not determine whether Boko has the right to run for party president before the congress.

Masire said inflammatory statements in the press informed his argument, where the leader of the youth league is reported to have said he would take a bullet for Boko.

'BNF is inundated with a lot of factionalism and should a person who is not eligible to become president be elected, it will further polarise the party,' Masire said. Both attorneys, for the BNF and Duma, Boingotlo Toteng of Toteng and Company and Bengbame Sechele respectively, argued that the matter is not urgent.Toteng said the applicant did not have a direct influence on the party because he is an ordinary member. He argued that there were no specific provisions in the party constitution which gave members the right to sue the party.

'The applicants have not shown how the first respondent, the BNF, will suffer irreparable damage due to the postponement. The allegations that they fear for their lives must be examined closely. They say some members of the party have made inflammatory statements, but none of the applicants says he has been threatened. 'The grounds submitted by the applicants show that the grounds are not reasonably grounded,' said Toteng.