“I have worked under Boko before, I could work with him again”- Pilane
The Botswana Movement for Democracy (BMD) is headed for another showdown with the Umbrella for Democratic Change party today (Friday), as they seek to challenge a high court order in favour of the UDC.
In Documents seen by The Voice, the BMD raise 11 points (grounds of appeal) in which they seek to reverselast week’s High court ruling which favoured UDC in a case in which BMD sought to be reinstated back into the coalition.
The UDC however has challenged the orange party’s applicant for an urgent application citing that the matter is not urgent.
“This is indeed an urgent application because we need for the courts to make this ruling before September 21st,” BMD President Sydney Pilane told The Voice in an Exclusive interview at his Gaborone office this Wednesday.
“You maybe aware that the IEC has made the deadline for Presidential candidates registration for September 21st, so any ruling on this matter will only be academic if it is made after such a date so that is our basis for this urgent application,” said the optimistic Pilane.
Quizzed further Pilane said, “I am confident we will win this time around. I trust and I am confident that the CoA judges will give us time. You can recall that the High Judges gave us only 30 minutes to lay our case but this is a complex case, they were simply disinterested in the case.”
“If we lose at the CoA I will accept it. I want Batswana to know that we tried to save the people’s project, they must know that we never gave up,” said the Gaborone North parliamentary hopeful.
According to court documents seen by this publication the BMD seeks the CoA to overturn the High Court decision where it ruled that it will not embark upon any discussion of the law as regards to voluntary associations.
“For has it done so, it would have come to the conclusion that only a National Executive Committee of the UDC in terms of the constitution of the latter or the umbrella negotiating team had power to suspend and expel a member of the UDC,”submitted Pilane
The appeal papers further reads, “The court below (high court) further erred with respect in no embarking upon any discussion of the law as regards to voluntary associations for had it done so, it would have come to the conclusion that an illegality had been committed in that the body that had purported to suspend and expel the appellant (BMD) was not a lawfull structure of the UDC, had no authority to suspend and expel the BMD and had acted ultra vires in doing so.”
The BMD appeal papers further argue that, “The court below eered with respect in its findings of the law that the power of a court to construe the constitution of a voluntary association benevolently to enable flexible operation included the power to disregard and contravene the clear provisions of its constitution for reasons of expediency, inter alia.”
Meanwhile the President of the UDC, and the first respondent in the matter Duma Boko has previously told The Voice that should the courts rule that the BMD was unlawfully expelled the UDC would simply readmit them and expel them again.
“We will expel them until Jesus comes. We do not want to work with them, ever.” Boko had stated.
To this, Pilane responded, “But they were able to work with and still are working with Former President Ian Khama whom they have previously persecuted in public. It is them who said that there are no permanent enemies in Politics, so why would that not apply to us?”
Asked if he would work under Boko, a man he has labeled as an illigitimate president and someone who wants to mortgage the country to outsiders, Pilane said, “I have worked under Boko before , and I could work with him again, but we will not force ourselves unto anyone.”
Asked then why the appeal he said “But this is the law now, and the law needs to be followed.”
The case will be heard at 2.30 PM.