Drama unfolded at the Lobatse High Court yesterday (Monday) as nine Botswana Patriotic Front (BPF) National Executive Committee (NEC) members faced sentencing for contempt of court. The NEC narrowly avoided imprisonment as Justice Michael Motlhabi considered their absence during sentencing.
On July 24, Motlhabi of the Lobatse High Court ordered the annulment of the June 5 suspension of former BPF president, Biggie Butale. Justice Motlhabi deemed the orchestrators of Butale's suspension, including secretary-general Tshekedi Khama, Lazarus Lekgoanyana, Ford Moiteela, Prince Bosilong, party patron Ian Khama, Motswasele Kganetso, Dr Kolaatamo Malefho, party spokesperson Lawrence Ookeditse, and Amogelang Mokwena, as in contempt of the court order that Justice Matlhogonolo Phuthego delivered in April. The respondents were given seven days to submit mitigation affidavits following the court order. A sentence related to their contempt was scheduled for August 7 (yesterday). However, on the day, none of the respondents were present for their sentencing, leading Justice Motlhabi to contemplate issuing arrest warrants. The respondents' attorney, Joram Matomela, extended their apologies, citing a misunderstanding about their absence in court. Motlhabi briefly adjourned the proceedings and upon resumption, Matomela informed the court that his clients had been contacted and were en route. The sentencing, initially postponed to 5pm, began slightly before 4pm as respondents arrived, save for the three – Khama (believed to be in Italy), Tshekedi (in South Africa), and Mokwena (unwell).
Before the sentencing commenced, Matomela requested Justice Motlhabi to recuse himself, citing formal complaints of judicial misconduct and political interference communicated to the Chief Justice.
Based on the letter, he said there was an allegation made relating to the present matter on the day the rule nisi was issued. "While respondents waited for the decision of the court. A member of Parliament Kabo Morwaeng posted a copy of the court order in a Parliamentary WhatsApp group. That event shocked clients in that when the message was posted, they saw it as they waited for the judgment to be read in court," he said.
The basis of the complaints revolved around allegations that the court order was leaked and influenced before the judgment.
Further, Matomela said another complaint involved MP Fidelis Molao's alleged statement in the presence of BPF MPs that if they lose in Justice Zein Kebonang's court, they would turn to the Court of Appeal (CoA) "where there are more favourable judges".
Justice Motlhabi questioned the timing of the application and dismissed it promptly. He indicated that if reasons were needed, they should be submitted within seven days. The sentencing proceeded, with former president Khama expressing considerable remorse in absentia. The remaining respondents received a 30-day imprisonment sentence, fully suspended for 12 months, on the condition of no further similar offences. Despite their involvement in Butale's removal, these members could face imprisonment should Butale be reinstated by the CoA, where he has lodged an appeal.
