BPF’s troubles: Who is fooling who?
Disciplinary Committee slaps Butale with 3 charges I am now back as President in full control - Butale Minutes reveal victim confirming sexual assault Butale is a bored man with a lot of time at hand - BPF
Trouble continues to rock the Botswana Patriotic Front ( BPF)’ s boat throwing the party into further anarchy, Botswana Guardian has learned.
The party which is struggling to ward off factional wars ahead of the elective congress next month, this week finds itself wrestling in the mud with its suspended President, Biggie Butale.
While Butale has declared that following the reinstatement of his membership by the Disciplinary Committee ( DC), he is now fully back at the helm of the party. But the leadership of the BPF has labelled Butale as “a bored man with a lot of time in his hands”.
Butale addressed a press conference on Wednesday this week after the party DC slapped him with a charge sheet of three counts of misconduct. Butale has however claimed that he is not aware of the charge sheet. He told the media that he is now back in full control as president and will be calling a meeting of the National Executive Committee ( NEC). According to Butale there has not been any report against him over sexual misconduct because nothing happened.
Botswana Guardian has uncovered documents which show that a report has been made against him. He has argued that through the legal opinion he has sought, the disciplinary committee cannot investigate but should rather play the role of a judicial officer. Butale sought legal opinion from Ramalepa Attorneys. The legal opinion was given on Monday this week, the same day the disciplinary committee charged him. He is facing allegations of a conduct of a sexual nature and sexual misconduct against Wangu Nfila; Causing significant embarrassment and putting the name of the Party into disrepute and the Party itself; and Contravening the provisions of Clause 6 of the BPF Constitution on membership duties and responsibilities. The disciplinary committee said these allegations also undermine the perception of the Party in so far as this case is concerned.
“Further to our letter to you, in which we reinstated your membership to the Botswana Patriotic Front, and further that the Disciplinary Committee ( DC) will conduct its own investigations against you on allegations of sexual misconduct and bringing the Party and the name of the Party into disrepute, pending disciplinary hearing, please be informed that the DC has completed its findings. “The DC has satisfied itself with its investigations and findings on allegations against you of a conduct of sexual harassment and sexual misconduct, and putting the Party and name of the Party into disrepute, and causing harm to the Party,” said the Disciplinary Committee in the charge sheet dated 26th September 2022.
Butale has argued that the disciplinary committee has no powers to investigate. He said the committee has not received any report of sexual misconduct but has only had a complaint against him for recruiting BPF members to dump the party and join the ruling Botswana Democratic Party. BPF Publicity Secretary Lawrence Ookeditse said anything said at the press conference is moot. He said it was an address of “a bored man with a lot of time on his hands to amuse himself and others”, adding, that “It would be a waste of time to even respond to such nullity”.
In its legal opinion as sought by Butale, Ramalepa Attorneys stated that it is common cause that the DC is a creature of the Constitution of the BPF and that it only has powers to act as prescribed by the Constitution of the BPF. The DC is created and/ or established under Clause 40 of the Constitution of the BPF. According to the law firm, it is very clear that the DC can only act on matters that have been referred to it and from the wording of Clause 40.1 the DC has no power to investigate any matter on their own volition, there must be referral. It stated that if the DC had considered the material evidence available before them, then they should have acted in terms of Clause 40.5 to make a verdict and impose the appropriate penalty. “It is therefore our opinion that the DC has no powers to investigate as they purport to do. It is unprocedural for the DC to investigate matters that they are to preside over. It is common cause that it has been over a year since the suspension of Butale in respect of the allegations in question.
“However, the matter is yet to be concluded. The period it has taken for Butale’s contemplated disciplinary proceedings to be concluded is unreasonably long, and thus being in breach of his rights to be subjected to a disciplinary hearing within a reasonable time,” reads the opinion rendered to Butale by the law firm in a letter dated 26th September 2022. According to Ramalepa Attorneys, it is trite law that an unreasonable delay in prosecuting or finalising a case vitiates the credibility of the resultant outcome and could even border on abuse of process. In some instances, the effect of a delay may be the inability to recall material facts surrounding the alleged misconduct. The law firm says Butale has suffered an injustice due to the unreasonable delay in having the matter concluded. “Furthermore, due to the unreasonable length of time, it has taken for the said disciplinary proceedings to be concluded, the DC has waived its right to proceed with the said Disciplinary hearing. The matter and/ or contemplated hearing should be abandoned as it is unprocedural and unlawful. “The Constitution does not give the DC the power to interdict the President of the party from discharging his duties and functions, let alone to interdict any member of the party holding any position from discharging his duties and functions.
“The DC acted ultra vires the Constitution of the BPF in interdicting Butale from discharging his duties and functions as the President of BPF. Our recommendation and/ or advise is for Mr. Butale to immediately assume the office of the BPF Presidency and to discharge his mandate as such, without any further delays.“This is all a set up. I am going to report Nfila to the police so that the matter could go to court. She was used to say I sexually harassed her by some people in the NEC. I want the court to reveal the real person behind the claims by Nfila.
“I have nothing against her. I did not kiss her or fondle her, I just hugged her. I do not know anything about the charge sheet. This is the evil I am talking about within the party. Nfila has not reported anything to the party because there was no sexual assault,” claimed Butale.
However, a letter dated 8th May 2022 from Nfila indicates that Butale sexually harassed her. She said the incident occurred at Butale’s house on the 3rd of April 2021. She said as the BUAN SRC Presidential candidate, she had gone to Butale’s house at the request of Butale after her team had requested for sponsorship assistance from the BPF leader. According to Nfila, Butale had not wanted her to share the incident with anyone even the media pleading that it would place his marriage on the line. She said all she wanted was for Butale to apologise for his conduct but he has refused.
“All the calls I had with Butale from the 27th of April to the 3rd of May were recorded as evidence,” she said in the letter addressed to the party Secretary General Tshekedi Khama.
According to the minutes of a meeting of a delegation led by BPF Vice President Caroline Lesang on the 21st May 2021, Nfila indicated that she sent Butale a message confronting him about what had happened and what he did, that he had molested her, and that she had hoped Butale would respond to her, but he instead started calling her and denied any wrongdoing.
“Nfila reported that a few days thereafter, while in her room, she heard from her friend Thato that Mr Butale was roaming around the school, angrily looking for her. She indicated that Butale came to her room and knocked at the door, and she chased him away because she could not face him after what happened. Nfila said she is angry, and in fear and asking herself why Butale went to media to clear his name instead of apologising to her,” reads the minutes in part.
Another document seen by this publication details events of the meeting which was held on July 9th 2021 where the delegation and Butale reached a stalemate when the delegation wanted to discuss the alleged sexual misconduct to hear Butale’s side of the story. The minutes reveal that Butale had postponed to meet the delegation on several occasions and on the date of the meeting he demanded to be furnished with Nfila’s statement. Butale further argued that Lesang and Reitumetse Apiri ( a NEC) member cannot be part of the delegation since they are conflicted.