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The Patriot on Sunday

The Patriot on Sunday

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The Patriot on Sunday

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The Patriot on Sunday
#sport #backpagethisweek 🔵 HEADLINE: LITMUS TEST FOR MALETE FOR A DETAILED REPORT GRAB A COPY OF THE PATRIOT ON SUNDAY NEWSPAPER IN STORES OR FOR SUBSCRIPTION VISIT: www.thepatriot.co.bw ... See MoreSee Less

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The Patriot on Sunday

10 hours ago

The Patriot on Sunday
#businessfrontpagethisweek HEADLINE: Digital Shift BW disruption BTC LEADS DIGITAL PENETRATION FOR A DETAILED REPORT GRAB A COPY OF THE PATRIOT ON SUNDAY NEWSPAPER IN STORES OR FOR SUBSCRIPTION VISIT: www.thepatriot.co.bw ... See MoreSee Less

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The Patriot on Sunday

12 hours ago

The Patriot on Sunday
#opinionsreviewandanalysis BOTSWANA VIOLATES SADC PROTOCOL ON VOTER REGISTRATION *ADAM PHETLHE ON SUNDAY FOR A DETAILED REPORT GRAB A COPY OF THE PATRIOT ON SUNDAY NEWSPAPER IN STORES OR FOR SUBSCRIPTION VISIT: www.thepatriot.co.bw ... See MoreSee Less

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The Patriot on Sunday

1 day ago

The Patriot on Sunday
SEROWE KGOTLA MEETING FAILDuring a short briefing of media today in Serowe, the Bangwato royal uncles said they took a decision to postpone Serowe Kgotla meeting which was supposed to be held today (Saturday) after consultation with their lawyer.They said they are now taking the legal route to challenge being denied permission to convene meeting at the main Kgotla.A new date is due to be announced soon. Despite postponement, Police took no chance and barricaded the kgotla. ... See MoreSee Less

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The Patriot on Sunday

1 day ago

The Patriot on Sunday
UDC/IEC case requires urgent political interventionThey say desperate times call for desparate measures. Botswana’s desparate electoral situation requires political intervention to end the raging legal tug of war between the UDC & the IEC. It appears the legal festival currently raging in the High Court will not end anytime soon if yesterday's spectacle at the F'town High Court is anything to go by resulting in grave uncertainty as to when the voter registration exercise will commence & whether other phases of the electoral processes will properly fall into place.Political intervention from govt will prevail upon the IEC to withdraw from the case & allow the UDC to observe & monitor voter registration for transparency & fairness. This far, it hasn't come out clearly what harm if any, will UDC’s observation of the voter registration exercise cause. It would have been fulfilling to watch the end product of the legal festival at the High Court & the Court of Appeal. But like they say again, time is of the essence. Much as time for the electoral process to set in motion voter registration has been negatively impacted, no more time should be afforded to be wasted. If the elections date was still far away, I would have no qualms with the festival going on until the very end for obvious reasons.The sad reality is that the elections date is around the corner & voter registration is yet to commence.Govt has a choice to make in the circumstances: Avoid Constitutional crisis in so far as elections are concerned for such will have other legal & political implications for Botswana’s democratic credentials OR, perpetuate it. ... See MoreSee Less

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BMD licks wounds of defeat

patriot by patriot
January 14, 2021
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Botswana Movement for Democracy (BMD) has suffered another devastating blow after the Court of Appeal (CoA) refused to expedite its appeal under a case in which the party was challenging the High Court judgment that has ruled in favour of Umbrella for Democratic Change (UDC).

The Sidney Pilane led movement has been challenging its expulsion from the UDC coalition last year in October and the High Court dismissed the case saying the BMD failed to produce a legal or credible case to convince the courts.

 The Judge President of Court of Appeal, Justice Ian Kirby, dismissed the BMD application for an expedited appeal saying giving it, would likely cause voter confusion and uncertainty in elections.

Kirby said seeking indulgence of expedited appeal is neither in the interests of justice nor in the public interests, and on the other hand would be only prejudicial to the respondents being the UDC. He went on to say that the demand by the BMD that it should take part in the selection of the 57 UDC parliamentary candidates and the 490 UDC council candidates is unlikely to happen. This, he said, it is because the UDC has already incurred substantial expense for campaign materials such billboards, posters adding that it is too late to replace any of those candidates.

“A successful appeal would not have the effect of replacing any of those, and its sole effect would be to create uncertainty, confusion in the minds of the public as to the true identity of the UDC candidates. This in turn would greatly prejudice the UDC and will not benefit the applicant (BMD) in any way,” said Justice Kirby.

Kirby also averred that in so far as the UDC’s presidential candidate is concerned, it has also long been agreed (with the concurrence of the BMD) that this should be Advocate Duma Boko. According to Kirby, there is no prospect of the UDC or its other group associates to being persuaded to replace him (Boko) with Pilane, even if the appeal is expedited or is successful.

“The BMD will not be prejudiced, whether it wins or loses the appeal, and whether it is expedited or not, since it and its candidates will still be able to exercise their full democratic right to contest for the 2019 national elections and have their popularity measured by the voters,” Kirby said.

Doubts on BMD, UDC relations

The CoA also noticed that there has been a complete breakdown in relations between the parties hence making any reconciliation, particularly in a short time, is most improbable. Justice Kirby said the submissions by the two parties were reflecting intense conflicts despite Pilane’s argument that there is still a room for improved working relations between parties.

Pilane reiterated that a successful BMD appeal will restore its right as member of the UDC insisting that will result in taking part in the formulation of UDC manifesto, with no harm encompassed.

Enormous setbacks

The party’s losing of the appeal has delivered another devastating blow after it lost with costs earlier on the case that they have been challenging their expulsion from the umbrella pact. High Court ruled that BMD has been duly suspended and subsequently expelled from the UDC.

CoA declined to exercise its discretion to grant BMD the indulgence of an expedited appeal, noting that the appeal will take its turn with other appeals in the waiting list; hence it will be heard at later date. Accordingly, the CoA ruled that the costs of this application will be costs in the appeal.

Meanwhile, BMD chairman Nehemiah Modubule expressed doubt in the courts saying that for the CoA’s refusal to hear its appeal is a setback for the party but, remaining resilient ahead of the polls. “We are going back to the drawing board and will have to focus because the ground is still fertile for everyone in this year’s election that’s why we see new parties such as BPF, he said briefly on the sidelines of the court after the ruling.

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