SECOND ROUND TO COMMENCE SOON
Sparks are expected to fly when the case in which a Buleladitswe loser is challenging the legitimacy of President Masisi as the ruling Botswana Democratic Party president returns to court soon.
On Wednesday, the applicant in the matter, Kamal Jacobs’ had through his lawyers said he was ready for round two.
“We will file tomorrow morning. (Thursday 13th). What I can tell you is that the BDP constitution does allow for two presidents, one at party level and the other at state level,” Tamocha explained in an interview.
Jacobs withdrew the initial suit against Masisi and the BDP leadership last week when the court refused to allow Tamocha to enjoin Khama as a respondent.
They then retreated so that they could prelaunch the case with Khama rightfully cited as a respondent.
Jacobs who lost with a margin of 157 to Thapelo Matsheka in September primaries, has not accepted the results and had wanted a rerun but his subsequent appeal against the results was rejected.
Through the court, Jacobs claimed that Masisi had a bearing in the rejection of the appeal and therefore made a move to challenge his decision and his legitimacy as party president.
According to Jacobs and his attorneys, Masisi is not party president and therefore it was wrong for him to call for primary elections or make any decision related to the said elections.
“A president cannot resign from the party by word of mouth, it has to be in writing. When Khama stepped down at the end of his term as president of the republic of Botswana, he did not submit any written resignation from the party, so until the next elective congress of the party, he remains the party president,” Tamocha stated.
Constitutionally however a state president cannot be sued over any action he undertakes, whether on private or official capacity.
But Jamal and his defense team have argued that the immunity privilege cannot save Masisi in this case, as “he will have to come to court to defend his seat
“The BDP constitution has no term limit for its president, it is different from the republic’s provisions,” Jacobs said.
Should Jacob’s case succeed in court, the far-reaching consequences will be that, the BDP under Khama’s orders will call for fresh primary elections.
Khama and Masisi ‘s fallout played out in public space soon after Masisi ascended to power in April this year and the ball has now been thrown to the court to decide on who between the two, is the rightful president of the ruling party.