Botswana Patriotic Front (BPF) president Biggie Butale has once again demonstrated his resilience by securing another victory in court. Butale, who has been engaged in a dispute with the Khama family and their supporters, hurried to the Lobatse High Court on Friday to challenge his suspension by the party’s National Executive Committee (NEC). The suspension was related to Butale’s actions concerning the primary election dates and candidates for the vacant Serowe West constituency, previously held by self-exiled Tshekedi Khama.
In a letter signed by “Acting President” Mephato Reatile, the NEC informed Butale of his immediate suspension from the BPF for a period of 90 days. According to the letter, the decision was made in accordance with Clause 15.4.2 of the BPF Constitution, which grants the NEC the authority to make any necessary decisions for the enforcement of the party’s constitution, regulations, and procedures.
Reatile stated in the letter, “Furthermore, your suspension is a result of your actions outside the purview of the NEC, where you set primary election dates for the Serowe West by-election and endorsed candidates for the said primaries. It is important to remind you that such powers lie with the NEC, not with you personally. This is stipulated in Clauses 2.1 and 6.4 of the BPF Primary Elections Regulations, as promulgated by the NEC and approved by Congress. Both these clauses are mandatory, as they state that ‘the NEC shall.'”
The suspension letter also accused Butale of appointing Reitumetse Phiri as the acting Secretary General of the party, contrary to an NEC resolution. It further alleged that Butale allowed her to issue orders and instructions to party structures, which are the prerogative of the Secretary General and the NEC.
“During your 90-day suspension pending a disciplinary hearing, you are prohibited from presenting yourself as a BPF President or member, convening any meetings, or publishing anything under the name of the BPF. Additionally, you are required to surrender all merchandise and materials, whether tangible or intangible, to the party within 7 working days.”
In response to the suspension letter, Butale’s legal team warned Reatile and others against engaging in what they deemed contemptuous acts by convening unauthorized NEC meetings without the involvement of the party President (Butale).
“Firstly, the meeting was held without the participation of the BPF President, as he did not call for the meeting. Secondly, the requisite notice, as per the Constitution, was not issued. All members of the NEC are aware of the judgment issued by the High Court on April 26, 2023. It is maintained that any attempt to hold an NEC meeting that does not comply with the requisites of the Constitution, as well as the aforementioned judgment, is unlawful and, in essence, contemptuous. One cannot disregard a court order and attempt to circumvent it,” stated Butale’s lawyers, quoting the words of Justice Matlhogonolo Phuthego from his previous judgment.
Butale accused Reatile and the NEC of showing contempt and directly contradicting the BPF Constitution. Consequently, he filed an urgent application with the Lobatse High Court last Friday. In his ruling, Justice Michael Motlhabi temporarily reinstated Butale and BPF Secretary for Education Reitumetse Aphiri, pending a hearing scheduled for June 30, 2023. Motlhabi further ruled that the decisions made by the NEC be set aside.
