Africa-Press – Botswana. The Umbrella for Democratic Change (UDC), the Botswana Congress Party (BCP) and the ruling Botswana Democratic Party (BDP) have taken their political wars to the High Court ahead of the 2024 general elections scheduled for next year.
In one corner, is the UDC and in another corner is the BDP and the BCP. This plays out in a case in which former North West District Council (NWDC) Council Chairperson, Kebareeditse Ntsogotho, and his deputy, Lekonne Masoko, who are members of the UDC are protesting their dismissal from office which was done through a vote of no confidence by councillors from BDP and BCP.
They were subsequently replaced by Itumeleng Kelebetseng of the BCP as Chairperson and Nico Folae of the BDP as Deputy Chairperson.
In his founding affidavit before Justice Reuben Lekorwe of the High Court, Ntsogotho prays for an Order reviewing and setting aside the Council’s decision to remove them from their position as Chairperson and Deputy Chairperson of the Council respectively in its special full council sitting of the 30th May 2023 and/or the 31st May 2023.
He argues that the said decision to remove them from their position as Chairperson and Deputy Chairperson of the NWDC should be reviewed and set aside on the basis that it is invalid and unlawful.
Ntsogotho also wants the court to declare that the election and/or appointment of Kelebetseng and Folae as Chairperson and Deputy Chairperson of the NWDC be set aside on the basis that it is invalid and unlawful.
He wants the court to order that they be reinstated to the position of Chairperson and Deputy Chairperson respectively with full rights and benefits that would have accrued but for their removal.
Providing a background of their ouster, Ntsogotho said nn the 25th May 2023 the Council’s Secretary issued a notice for special full council meeting to be held on the 30th May 2023. The said notice was issued pursuant to a request to convene a special full council meeting dated 19th May 2023 made by 20 ward councillors. The meeting was convened to discuss the following items: update on the water situation in Maun; update on the progress of the Maun General Hospital project.
A report on the first agenda item, “update on the progress of the Maun General Hospital project” was presented by an officer from the Department of Facilities Management.
“I gave Honourable Councillors an opportunity to deliberate on the said presentation. Honourable Ntlogelang Kebonyekgotla was the first member to take to the floor and instead of dealing with the said agenda item, he briefly pointed out certain aspects of the report and immediately moved a motion for removal of the 2nd Applicant (Masoko) and I from the offices of Vice Chairperson and Chairperson of the 1st Respondent respectively,” said Ntsogotho.
He said he warned Kebonyekgotla that he was now debating some other business which was not part of the agenda for the meeting of the 30th May 2023 and that was improper. He disregarded this advice and was supported by another member Moetetse Mogalakwe.
“I indicated that since they were insistent in proceeding with the removal motion, the second Applicant and I would step aside to allow the meeting to decide on the matter since we are conflicted. We did so and the House elected the 2nd Respondent (Folae) as an interim Chairperson,” said Ntsogotho.
He said before Folae assumed the said interim position, the Council Secretary warned the house that the issue pertaining “to our removal from office was a new item which was not on his notice of 25th May 2023 and therefore it was unlawful.”
Ntsogotho said after taking over, Folae ignored the advice and proceeded with the debate relating to our removal from office and ultimately a vote was conducted over our removal.
“20 members voted for our removal and 6 voted against our removal. My position in opposing the introduction of the removal of the 2nd Applicant and I from the office is that once a notice of a special full council meeting is issued with agenda items, at such a meeting, it shall not be permissible to discuss any other business or add other agenda items during the course of such a special full council meeting,” said Ntsogotho. He said the Special full council meeting lacks the competency to add the motion of no confidence on us such a move had the effect of adding other agenda items to the two that were contained in the notice of 25th May 2023.
“For this reason alone, if no other, the decision to remove us must be set aside. After our purported removal from office, the meeting was adjourned to 1530 hours for purposes of electing new Chairperson and Deputy Chairperson,” said Ntsogotho. He said at this stage, the meeting was still chaired by Folae.
“As a matter of fact, no election was held as the two were nominated unopposed and they were simply confirmed as such. The Second Applicant and I did not attend the afternoon session as we believed that the move to convene a sitting for election of new council leadership was clearly and awfully wrong,” said Ntsogotho.
He added that “ In the premises, whichever way one looks at it, there is no other way to classify the afternoon session except to say that it was a continuation of the morning special full council sitting and alternatively it was a special full council sitting called without due notice.”
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