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UDC, Pilane clash over constitution

Publishing Date : 17 October, 2017


A simmering battle is anticipated within the Umbrella for Democratic Change (UDC) between affiliates as there is a difference of opinion on which constitution the alliance is using in the wake of the Botswana Movement for Democracy (BMD) leadership crisis.

The UDC’s new constitution was drawn up following the decision by Botswana Congress Party (BCP) to apply to join the alliance. BCP which was initially not part of alliance participated in the latest negotiations, which led to among others creation of a new constitution and allocation of constituencies. The departure of former BMD President and UDC Secretary General, Ndaba Gaolathe to form Alliance of Progressives (AP) has however opened a window for debate within the UDC. Formation of the AP came on the back of a UDC verdict, which recommended that the warring BMD factions consider a power sharing agreement.

There has also been suggestion, as also corroborated by UDC President Duma Boko that the formation of the AP did not mean that Pilane and his team were automatically recognised by the UDC NEC. Boko said the UDC will engage Pilane and his NEC as de facto leadership rather than the legitimate leadership, a view that is not shared by his colleagues in the BMD. When delivering the verdict on the power sharing deal, Boko also highlighted that the UDC has the power to expel or suspend any member acting against the interest of the UDC. Pressure has also been mounting on Boko to suspend or expel BMD on the basis that the latter is controversy prone and likely to dent UDC’s chances of winning power in 2019.

Such stand has however been challenged by the leader of BMD, who believes the new constitution does not give any member the power to expel another member. Pilane is the principal architect of UDC new constitution that has ushered in BCP and also created the two Vice Presidents posts. The two posts were allocated to BMD and BCP, while BNF retained the presidency. Pilane is so confident that the new constitution favours their free participation in the UDC that last week he issued a stern warning to his detractors in the UDC that BMD would not be a pushover.

“There is no how contracting members of the UDC can expel BMD from the UDC. The new constitution does not allow that. The old constitution gave UDC the power to expel a member but the new constitution does not.  If those parties have a problem with BMD they should resign from the UDC,” he said. UDC spokesperson, Moeti Mohwasa told this publication that despite some arrangements which do not speak to the old constitution, the UDC leadership still uses the old constitution.

“When UDC was formed in 2012, we were required to submit a constitution with the Registrar of Societies pending the party congress. The interim party NEC was however given the green light to make some decisions even if they are not in line with the constitution, pending ratification by the first party congress,” he said. “That is what we have been doing even after BCP was accommodated in the UDC. All decisions taken by the NEC will be ratified at the congress, and also the new constitution adopted.” UDC is scheduled to attend its first congress since its formation on the 24th of November this year.

BMD Chairman Nehemiah Modubule concurred with Pilane and highlighted that the negotiations which ushered in the BCP as partner in the UDC compels the mother party to use the new constitution. “In my understanding, the negotiations which involved BCP basically mean we must do what we agreed upon. Therefore it means the new constitution which was agreed by all parties, including the BCP is the one which is in use,” he said.

Modubule however admitted that the matter is dubious, and that their position as the BMD is not necessarily how the UDC or other partners may see it. The former Lobatse legislator also reiterated that BMD is a bona fide member of the UDC. “The letter that we wrote did not seek UDC recognition. We were only giving them feedback on their recommendation on power sharing following the departure of our colleagues to form their party,” he said. “We are still awaiting their response.”

Last week Pilane shared that: “We do not need recognition from UDC. The issues of our re-admission should not even arise. UDC has no authority over BMD. BMD is a member of UDC, there is no need for us to seek recognition, we are already members according to UDC constitution. The only thing we are waiting for from UDC is invitation to take part in NEC meetings. We have submitted four names to the UDC as required so that they start taking part in UDC meetings.”



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