In the much anticipated court case between Dr Edin Dikoloti and Botswana Democratic Party (BDP) scheduled for tomorrow (Friday) morning before Justice Chris Gabanage, the ruling party has called for dismissal of the case on grounds that President Dr Mokgweetsi Masisi was not cited as a respondent.
In challenging his suspension from the ruling party, Dr Dikoloti cited the BDP and Peggy Serame as First and Second Respondent respectively and he filed the papers at the Gaborone High Court this afternoon on a ticket of urgency.
The party argues that its constitution prescribes that the President is the convener of Central Committee meetings and therefore is the one who takes final decisions.
“The President of Botswana Democratic Party is also the sitting President of the Republic of Botswana. In terms of Order 61, he ought to have been cited as the person who presided or chaired the Central Committee meeting which took the decision being challenged. The Notice of Motion does not only fail to cite the decision maker, but the record is also not being sought against the particular organ and/or decision making body of the 1st Respondent,” said the party calling for case to be struck out.
Furthermore, the BDP argues that Dikoloti’s suspension by the party President for 60 days takes away his membership rights.
“The suspension therefore renders all the reliefs and/or orders sought as incompetent. The orders he seeks have all become moot or academic and therefore the application is liable to be struck out. The Applicant no longer has capacity and/or right to litigate against the BDP, having been suspended by His Excellency the President Dr Mokgweetsi Eric Keabetswe Masisi from the membership of the party on 25th September 2024,” the party further says in court papers.
On whether the matter is urgent or not, the BDP says Dikoloti knew about his fate on the 19th September 2024, he only decided to approach the Court on 24th September and has not satisfactorily accounted for what he was doing between the two critical dates.
“The urgency is self-created as the Applicant, by his own conduct, has evinced behavior inconsistent with an intention to be heard on urgency. The Respondents pray for an order striking out this application with costs,” reads documents from Bogopa, Manewe Attorneys for BDP.
