Can the high court declare that a cabinet minister is a liar and not fit to hold public office?
That is one of the questions Judge Godfrey Nthomiwa will be grappling with in the case in which the Botswana Congress Party (BCP) and its leaders are challenging government’s purchase of Tautona Lodge.
BCP president and Leader of Opposition Dumelang Saleshando and party vice President Goretetse Kekgonegile who are cited as second and third plaintiffs have asked the High Court to issue an order declaring that Minister of Presidential Affairs, Kabo Morwaeng “is incompetent to hold public office.”
The BCP duo stated in their court records that Morwaeng “ deliberately told Parliament of Botswana untruth statement in relation to” the government’s purchase of Tautona Lodge. “ in so doing, he intended to mislead and Parliament was indeed mislead”, the stated.
Saleshando and Kekgonegile argue that even if Morwaeng “ was not aware of the facts at the time, upon knowing of same he failed to appraise Parliament of such; he breached his oath of office” and as such “he is incompetent to hold public office.”
The BCP and its leaders asked the court to issue an order that Kabo Morwaeng “ deliberately told Parliament of Botswana untruths statement in relation to the transaction relating to Government acquisition of the entire issued share capital in Tautona Lodge (Pty)Ltd; declaring that he “lied” to parliament “ in relation to the transaction forming the subject of this dispute and consequently he is not fit to hold public office”. The BCP pair is also asking for orders declaring that Morwaeng breached his oath of office and “he is incompetent to hold public office.”
Responding to Saleshando and Kekgonegile’s court documents, the attorney General, Abraham Keetshabe who is representing the state said some of the reliefs sought by the BCP leadership were incompetent as they were not supported by the Constitution of Botswana or any law.
‘In terms of the constitution the power to appoint and remove Ministers from office is the sole prerogative of the President and not courts,” the Attorney General stated.
Keetshabe says, “it is incompetent for the courts to interfere in the affairs of the legislature and the executive and calling upon the court to declare the 2nd defendant (Morwaeng) unfit to hold public office invite the court to interfere in the affairs of the legislature and or the executive.”
According to the fact of their case outlined in the court records, Saleshando and Kekgonegile stated that, “ sometimes on or about September 2021 the plaintiffs learnt through the print media that the Office of the President and/or Government of Botswana is in the process and/or has acquired a farm in Ghanzi. The details relating to such acquisition and/or purchase were cagey resulting in parliamentary questions and/or correspondences between” Saleshando and Morwaeng.
Saleshando sought information and documents relating to the controversial transaction. According to the court documents, although Morwaeng made an undertaking in Parliament to avail all the documents relating to the transaction, he “ ultimately reneged on such.”
