Arbitrators rule in favour of Red Cross
After successfully interdicting the Botswana Red Cross Society from holding elections twice, the presidential and vice-presidential hopefuls remain unaccepted. Maipelo Mophuting and Nelson Rammala, who were challenging the society for the two top posts, are nowhere to be seen on the latest list of nominees who will face off on the last day of July.
This was after the arbitrators ruled that they indeed did not qualify to stand for elections. On January 30, 2021, Mophuting and Rammala were granted an order to interdict the society’s election for the three positions on the AGA agenda until the matter is finalised. The society through secretary-general Kutlwano Mukokomani had disqualified the duo questioning their membership standing.
They were ordered to apply for a review or other relief not later than seven court days from the date of the order. The two parties would, however, fail to resolve the matter amicably.
On May 17, the society’s secretary-general, Mukokomani wrote a letter inviting members to the AGA slated for June 18, 2021. Through the invitation, Mukokomani stated that nominees for president and deputy presidents remain as they were shared before. This meant Mophuting and Rammala would yet again not be allowed to contest in the election.
The duo then through Craig Law Consultants approached the court on urgency calling on the court to interdict while Mukokomani and the society, who are respondents in the matter, opposed the applications through Akoonyatse Attorneys arguing that the duo was not qualified to stand for elections. The duo yet again interdicted the elections.
Delivering his ruling, Justice Chris Gabanagae directed the respondents to nominate and communicate their choice of arbitrator in seven days and the elections stay until the final determination of the arbitration.
According to arbitration papers, Mophuting and Rammala appointed George Tlhalerwa as an arbitrator while the society appointed Bishop Titus Makosha who are both life members. The two arbitrators agreed to appoint a third arbitrator to chair the arbitration from the International Federation of the Red Cross and Red Crescent Societies (IFRC), Shadrack Musyoka.
The trio was tasked with determining whether the duo was qualified to vie for the elective offices and whether the society had failed constitutional election processes to the exclusion and prejudice of the applicants.
“The arbitrators concluded that the first applicant (Mophuting) is not qualified to run for the position of president on the grounds that she did not meet the two-year membership required as in the soicety’s Constitution. The panel acknowledged that she had provided evidence of membership but was less than the two years required,” reads the report. It is said in the report that even though she had produced membership cards for both 2019 and 2020, there was no evidence that she existed in the society’s database.
For Rammala, it is stated that he is not qualified to run for elections as vice president of the society because he is not qualified on the grounds of not being a member as he failed to produce proof of membership.
Speaking to this publication following the release of the report, Mukokomani said they have since announced a new date to move on. “We are happy arbitration brought the matter to finality. We hope they will accept the arbitration decision. We are now moving on to prepare for the elections on July 31,” he said.