Court confirms Butale as BPF president
Gets green light to host Extra- Ordinary congress Suspensions for Tshekedi and company remain
It will be a long walk with many hurdles for the Khamas to take control of the Botswana Patriotic Front ( BPF), after Lobatse High Court Judge Matlhogonolo Phuthego left them with an egg on their face.
The judge has confirmed the presidency of the party to be in Biggie Butale’s hands which also legitimizes the suspension of most of the faction associated with party patron, President Ian Khama among them party Secretary General Tshekedi Khama and his Deputy Vuyo Notha.
The court case follows a near fist fight National Executive Committee ( NEC) meeting held in March this year where Butale allegedly announced his resignation from the party and the president seat. It was at this meeting where Tshekedi, Notha and other NEC members were to be suspended pending disciplinary hearing.
After this March meeting, Butale went on to call another meeting on the 5th of April 2023 at which the suspensions were effected. Tshekedi warned
Butale to desist from calling himself the president as he has since resigned.
Butale instituted the legal proceedings on urgency seeking the court to issue an interdiction among others that the convocation slated for the 15th of April 2023 and the parallel convocation of the 29th April to the 1st of May 2023 in Selibe- Phikwe be cancelled and/ or postponed pending determination of the substantive application; that Respondents, Tshekedi Khama, Vuyo Notha, Robert Mariba, Prince Bosilong, Dr. Seretse Khama Ian Khama, Motswasele Kganetso, Dr. Kolaatamo Malefho, James Kgalajwe and Moiseraela Goya, be interdicted and/ or restrained from calling or holding any convocation or meetings without the calling of the same by Butale as per the BPF Constitution; that they hand over the password and administration rights of media platforms such as the BPF facebook page; and that they be restrained from obstructing any member of the BPF’s NEC from performing their functions pending determination of the substantive application. The court granted Butale his pleadings. Butale is the Applicant together with Reitumetse Aphiri, Ford Moiteela and BPF. This means the BPF will this weekend in Gaborone hold an Extra- Ordinary Congress. The Khamaled faction had wanted to hold an elective congress which was to be held in Selibe- Phikwe. Butale confirmed the holding of the Extra- Ordinary Congress in an interview with Botswana Guardian. He stated that preparations are at an advanced stage for the congress. He revealed that among key issues to form part of the agenda is the decision whether to join the Umbrella for Democratic Change ( UDC) or not. The BPF is currently part of the UDC through a decision by the BPF NEC, a decision which is expected to be ratified by the congress. The Butaleled faction is known to be pro- joining the UDC, while the Khama- led camp prefers the Pact Model.
In his ruling on Wednesday afternoon in Lobatse, Justice Phuthego stated that there were no minutes attached to the affidavit of Notha to support that the meeting continued as per his claim after Butale adjourned it and walked out. He said the arguments raised on how a resignation takes place
are well explained in the constitution of the party under clause 11.7 and 7.1. Justice Phuthego noted that under 11.7, the clause deals with members of the party who have been voted into office while clause 7.1 governs any members or it cuts across any member of the party. The judge said it was reported at the April 5th meeting that during the March 20th 2023 meeting in the heat of arguments, one of the NEC members took out a knife. According to Justice Phuthego, it was therefore a good move to abruptly adjourn the meeting as a lethal weapon was involved. He further stated that the alleged resignation by Butale cannot be substantiated as tempers where high at that particular time. The judge stated that the suspensions as instigated by Butale and confirmed by the NEC in its April 5th 2023 meeting are lawful.