The case in which former members of the Botswana National Youth Council’s (BNYC) National Executive Committee (NEC) are suing President Ian Khama and minister Thapelo Olopeng for dissolving the committee, is now set for re-arguments before a new Judge.
The case came before court in August and was argued before Justice Modiri Letsididi of the Lobatse High Court, who reserved judgement in the matter. Letsididi was subsequently suspended as part of four other judges in a separate matter that rocked the judiciary.
On Monday, attorney for the former NEC members, Uyapo Ndadi said the case has now been rescheduled for argument before acting Judge, Jennifer Dube.
“The former BNYC board case against the Minister of Youth, Sport and Culture and the President of Botswana will be argued again on the 10th February 2016 before Acting Judge Dube. The judge who was to deliver judgment on the case is still on suspension,” Ndadi said in a statement.
The case first came before court as an urgent application against Khama and Olopeng. The BNYC and its executive director, Benjamin Raletsatsi were also cited as respondents.
The former NEC members wanted the court to set aside their dissolution ordered by Khama and the minister.
The former members argued that the decision was in violation of their rights. They said the decision was “arbitrary, malicious and aimed at undermining the special general assembly,” yet it is a body that is known and recognised by the ministry.
“The decision by the minister was unlawful to the extent that it violated us, more so that we were not properly informed about the decision to dissolve the BNYC,” the former members argued in papers before court.
They further stated that a Special General Assembly was held without their knowledge on July 11, the day the BNYC was dissolved. The applicants argued that they were entitled to receive this information.