Threats of more BDP primary election lawsuits

Ketumile Ramatiti4 months ago193167 min

The ruling Botswana Democratic Party (BDP) finds itself embroiled in an increasing number of legal challenges from candidates who were unsuccessful in the recently concluded primary elections. In a significant development, Brigadier Mbakiso Mukokomani, who was defeated by Simon Moabi in the primary elections for Tati West, intends to escalate the matter to the High Court, citing irregularities during the electoral process.

Mukokomaniโ€™s legal team has dispatched a letter to BDP Secretary General Kavis Kario, stating, โ€œWe are further instructed on the letter to put you on notice that our client is dissatisfied with the decision of the Central Committee and hereby requests the party to reconsider it in its best interest. What we state next should assist you in this regard.โ€

The letter details that following the primary elections, Mukokomani promptly lodged a petition on July 21, 2024, through the regional committee. It asserts that Mukokomani’s appeal was upheld by the regional committee, which recommended a re-run due to the identified irregularities. However, conflicting decisions have since emerged from the party’s leadership.

โ€œThe secretary general sent a letter to your office dated 8th August, forwarding what she considered to be the decision of her committee, hence the decision of the Central Committee, which we are instructed to impugn. This letter contradicts that of the Chairman dated 9th August 2024. There certainly exists discord between the secretary and the chairperson,” the letter states.

The letter further explains, โ€œWe understand that in terms of clause 12(h) of the primary elections regulations, the decision on an appeal by the Central Committee shall be final and binding. This regulation undermines the legal doctrine over the rule ousting the courtโ€™s jurisdiction, rendering the clause legally ineffective.โ€

The lawyers argue that clause 9(f) of the said rules stipulates that in the event of an irregularity in any polling station, there should be a re-run of the entire constituency if it pertains to parliamentary elections. They assert, โ€œYour decision, which contradicts the regional committeeโ€™s recommendation for a recount, is improper for several reasons. The ballot box in question was never counted, rendering the notion of a recount a nonstarter. Moreover, your decision is ultra vires the constitutional prescription, which mandates a re-election in the whole constituency under such circumstances, and it does not align with the regional committeeโ€™s recommendation.โ€

Letlole Makgane Attorneys, representing Mukokomani, stated, โ€œThe elections were held on the 20th of July 2024, and the parliamentary ballot box in question was never counted. It is suggested that a recount can resolve the evident tension within the constituency, but this is impractical given the 500 missing ballot papers, which cannot be accounted for in a different ward.โ€

The letter outlines that the purpose is to urge the Central Committee to reconsider its decision, as the current stance could harm the partyโ€™s prospects in the upcoming general elections. โ€œWe are instructed, in this regard, to file an urgent court application to interdict the submission of the names of the parliamentary candidate for Tati West constituency, scheduled for the 24th of September 2024, pending a review of the Central Committee’s decision,โ€ Letlole Makgane Attorneys stated.

The legal team cautioned the Central Committee, โ€œYou will appreciate that legal processes take considerable time to conclude, and the review application will likely be determined after elections, rendering the proceedings moot. More importantly, there would have been an interdict restraining the submission of a candidate for the constituency, leaving the party without a candidate for the national elections.โ€

North East Regional Chairperson Jabulane Vuke, in his letter to the Central Committee, indicated that Mukokomani had requested a recount of the Botalaote ballot box, which was not counted as it was missing, and the Masunga/Vukwi ballot box, which was short by 500 ballots upon arrival.

He also noted instances where Mukokomaniโ€™s observers were not provided with the voters’ roll, unlike their opponents, questioning the criteria used. โ€œAfter carefully considering the irregularities and anomalies during the election process at Tati West constituency, where Mukokomani, Moabi, and Mmolawa competed for the parliamentary candidacy, we found it fit to recommend a re-run,โ€ Vuke concluded.