The Lobatse High Court has ordered Botswana National Front (BNF) to recognise Mosimanegape Tshane as their council candidate for Mantshwitswane ward at Kanye South constituency.
That means Mosimanegape Nnaasau who has been hoping to represent UDC in that area is longer a candidate for the ward.
All aspiring candidates for parliamentary seats and councillor’s nominations were concluded yesterday.
Tshane was voted by 190 votes and Nnaasau got 185 votes in the party primary election.
The ruling comes after an urgent application was launched by Tshane on September 5, 2019 seeking a review and setting aside the decision by BNF Central Committee ordering a re-run for the primary elections at Mantshwitswane ward.
Tshane also wanted a final interdict that restrains the BNF National Elections Board, BNF Central Committee and the BNF from proceeding with conducting a re-run that was slated for September 7, 2019.
“There is no evidence before court that Nnaasau appealed the results. In fact he confirms in his papers that he did not appeal this decision. One year after the primary elections, the BNF national elections board in its wisdom, decided to convene and consider the letter of July 3, 2018. Its decision was that the winner was Nnaasau. The BNF called a re-run after Tshane questioned the decision by National Elections Board,” Judge Jennifer Dube said.
Justice Dube ruled that the decision of the BNF and its Central Committee is reviewed and set aside. The costs of the interdict and review application will be borne by BNF.
She also said even if she was to hold that the BNF Central Committee had the right in terms of its constitution to order a re-run, which it does, its decision cannot be practically and effectively executed within two days.
“However to his shock and dismay, the BNF treated his letter requesting final results as an appeal and purported to entertain the appeal around June 2019. Further, that the 1st respondent never appealed the decision of the national elections board and Jerry Rasetshwane in terms of fifth respondent’s regulations governing primary elections, following the announcement of the final elections results,” Tshane had said through his attorney, Kago Mokotedi.
Mokotedi had argued that Tshane must be declared as the lawful candidate because the decision by BNF to order a re-run was unreasonable.