Former Member of Parliament (MP) for Mmathethe/Molapowabojang, Dr Edwin Dikoloti says the Botswana Democratic Party (BDP) had long wanted to knock him off the contest further alleging that the Directorate of Intelligence and Security (DIS) interfered during the party’s ‘Bulela Ditswe’ in Goodhope/Mmathethe constituency.
Dikoloti, who is the Minister of Health and is currently on suspension from the party has accused the BDP of setting traps for him and favouring Minister of Finance, Peggy Serame over him. Despite winning the July primaries, the BDP central committee had installed Serame as the MP candidate for the constituency.
“It had been quite obvious on many occasions that the leadership of the party favoured Serame over me. Much had been done by the BDP to find an excuse to knock me out of the primaries including setting traps which I avoided thanks to sympathetic voices within the party leadership,” he said.
The Minister filed an urgent application on Wednesday seeking amongst others, the review and setting aside of the decision made by the BDP on September 18, 2024, not to conduct a re-run/re-election of the party’s primary elections for the Goodhoope/Mmathethe constituency and an interdiction of the party from submitting the name of Serame to the Independent Electoral Commission as the party candidate for the said constituency.
In his founding affidavit, Dikoloti explained that complaints that he made against the interference of the DIS in the constituency went unheeded even when he had made such at the highest levels.
He submitted that instead, he said he was told by the party leadership to write to the central committee (CC) about the matter. Dikoloti added that he was then tipped off by a sympathiser that a trap was being set to suspend him from the party based on bringing the name of the party into disrepute through his complaints.
“I withdrew my complaints to escape the trap. On the contrary, Serame’s complaints were heeded and acted upon swiftly without even giving me a hearing. The same was taken to be true without further enquiry, ”Dikoloti alleged.
The former MP argued that for example, Serame complained that his followers were singing a popular gospel hymn, ‘Wena Beulah’ which the CC found without any verification or enquiry to be divisive and he was told to make social media statements to ensure that the use of the song comes to an end.
He stated that he was essentially being caused to take positions contrary to his followers in the hope that he would decline and be charged and either suspended or expelled for in- subordination to party authority.
Dikoloti is challenging the decision on grounds amongst others of unlawfulness, procedural irregularity, bad faith and gross unreasonableness/irrationality.
In the elements of review, Dikoloti argued that since Serame’s appeal was upheld, he has laboured in vain to secure the minutes of the appeal hearing and has been refused that right by the regional Committee.
“As people weren't allowed questions at the time, they were informed that there would be no rerun, no one, myself inclusive, really knows what the reasons for the decision of the central Ccmmittee are, in particular, why they chose the losing candidate (2nd Respondent) against a clear winner,” he said.
Dikoloti stated that in acting as it did, the CC of the BDP acted mala-fide in that it took an adverse decision against him when no reasons existed for so doing. He explained that if indeed reasons ever existed for the decision taken all such reasons were in his favour as the then incumbent MP and as the winner of the primary elections and that no merit existed commending Serame for appointment over him.
The minister further submitted that there was procedural irregularity because CC had failed to follow rules of natural justice, and that he was never given notice of the envisaged decision not to hold a rerun. He added that he was not asked to make any representations regarding the same even though such brought a sudden and unexpected end to his right to contest the constituency parliamentary seat under the BDP ticket.
“The same took an adverse decision against me without giving me notice and without giving me a hearing. In failing to grant me a hearing BDP failed to follow its constitution which broadly emphasizes democracy and justice and eschews favouritism,” he said.
Dikoloti explained that the CC acted arbitrarily in that they took the decision complained of when no genuine or reasonable grounds existed for doing so pointing out that the allegation that elections could not be conducted before the end of September was and remains untrue as a voters' roll already existed and all that was required was to set a new date for a re-election.
He said clearly the party’s CC was worried that their favoured candidate Serame may be defeated again in the event of a re-election.
“I was provided by an anonymous sympathiser with pictures showing that the ballots of the Goodhope Mmathethe constituency rerun had already been prepared. Further, I was aware that transport had already been secured for the election personnel,” he said.
The former MP also submitted that the CC acted unlawfully in that the provision of the party constitution upon which they placed reliance does not support the course taken. He said the CC acted irrationally in that no reasonable grounds existed for the decision not to hold a re-election or a rerun which had been ordered by it and with regards to which he had amply prepared.
In conclusion, Dikoloti said he has established a clear and undeniable right to contest the Goodhope Mmathethe constituency and that his right is confirmed in the decision of the party duly communicated to him that it was ordering primary elections rerun for the constituency consequent of the annulment of his victory.
In response to Dikoloti lawsuit, the BDP said his suspension by the party president for 60 days effective from September 25, 2024, takes away his membership rights.
“The suspension therefore, renders all the reliefs and orders sought as incompetent. The orders he seeks have all become moot or academic and therefore, the application is liable to be struck out,” said the party.
The BDP argued that Dikoloti no longer has capacity or right to litigate against it, having been suspended by President Mokgweetsi Masisi from the membership of the party and that in terms of the letter of suspension, his exercisable rights in terms of BDP constitution became unavailable effective the date of suspension.
“As a result, since this suit is based on enforcement of rights that emanate from the constitution of the party, and such rights being no longer available, he does not have rights to sustain this suit,” said the party.
Dikoloti is represented by counsel Kgosietsile Ngakaagae while the BDP is represented by Bogopa, Manewe, Tobedza & Co law firm.