Africa-Press – Botswana. After nothing happened when they accused the Mayor of violating specific Standing Orders by stacking council committees with UDC councillors, opposition councilors have resorted to legal action to compel correction of the anomaly
Councilors of opposition parties in the Francistown City Council are taking legal action against the Mayor, Gaone Majere, and the council for allegedly failing to comply with Standing Orders of the council.
However, the legal action will not continue if the Mayor and the council meet certain conditions that are spell out in a letter from a firm of lawyers instructed by the councillors.
Representing both the Botswana Congress Party (BCP) and the Botswana Democratic Party (BDP), Manenji Attorneys this week accordingly served the Mayor and council of the majority Umbrella for Democratic Change (UDC) with a statutory notice of intent to sue.
Cross-sectional representation
The notice cites violations of Standing Orders 5.2(c) and (e).
According to the letter from Manenji Attorneys, the Standing Orders cited mandate that committee appointments should reflect a cross-sectional representation of all political parties in the council.
The Standing Orders also prescribe that, as far as practicable, the appointments should be evenly distributed among council members.
“Our clients’ primary grievance is that the council has flagrantly violated these provisions, particularly those emphasising balanced representation,” the letter reads.
30 days
“Your office is mandated by Standing Order 3.3.1(7) to safeguard the privileges of the council and ensure adherence to legal and procedural compliance, including the Standing Orders.”
The opposition councillors have given the Mayor and the council 30 days to address the issue or face legal action. “By this letter, we hereby give statutory notice of our clients’ intention to sue the Francistown City Council at the High Court after 30 days,” says the letter.
“We will seek court orders compelling the council and your office to fully comply with the cited provisions.”
This legal notice follows months of grievances among the opposition over the composition of council committees appointed earlier this year.
Repeatedly
Since then, opposition councillors have repeatedly accused Mayor Majere of favouring councillors of the UDC and that way undermining principles of fairness and proportional representation.
According to the opposition whip on the council, Thabo Nyambe of Mophane Ward in Francistown West, their initial complaints to the Mayor were dismissed.
A formal letter outlining their grievances followed but was answered, prompting the opposition councillors to escalate the issue to legal action.
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