A combination of freedom and bad choice

The start point should be fundamental freedoms in our constitution. All these freedoms may be curtailed by law or acts authorised by law. In order to get relief an aggrieved party has to prove that such law or authorised act is not reasonably justifiable in a democratic society.

Even though the Botswana Democratic Party is not a creature of statute its formation and continued existence is authorised by statute. Perhaps Rre Motswaledi should have started by attacking the provisions in the BDP constitution. This would maybe have allowed him to apply the test of whether the provisions in the BDP constitution are reasonably justifiable in a democratic society. An attack on the provisions would have allowed him to seek relief against the BDP instead of the president of the country.